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UNIVERSITY  OF  CALIFORNIA. 

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THE 


School  Laws 


OF 


SOUTH  DAKOTA 


REVISED  1897 


WITH   THE 


AS  APPENDIX. 


1900 

STATE  PUBLISHING  CO. 

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LAWS 


SOUTH  DAKOTA 


RRVISRD  1S9Y 


WITH  THE 


AS  APPENDIX. 


1899 

STATE  PUBLISHING  CO. 


EDUCATION. 


Chapter  57  of  the  Session  Laws  of  1897,  Which  Repeals  all  Acts 

Relating  to  Education,  Except  Special  Acts  Organizing 

Particular  School  Districts. 


CHAPTER  I. 

STATE   SUPERVISION. 

£  1.  SUPERINTENDENT — DUTIES  OF.]  The  superintend- 
ent of  public  instruction  shall  be  charged  with  the  general  su 
pervibion  of  all  the  county  schools  and  of  all  the  county  superin- 
tendents of  the  state.  He  shall  meet  county  superintendents  in 
convention  at  least  once  each  year,  at  such  points  in  the  state 
as  he  may  deem  most  suitable  for  that  purpose,  and  by  explan- 
ation and  discussion  endeavor  to  secure  a  more  uniform  and  ef- 
ficient administration  of  the  school  laws.  He  shall  attend 
teachers'  institutes  in  the  several  counties  in  the  state  as  far 
as  may  be  consistent  with  other  duties  imposed  by  law,  and  as- 
sist, by  lecture  or  otherwise,  in  their  instruction  and  manage- 
ment. The  state  superintendent  shall  prescribe  rules  and  reg- 
ulations for  holding  county  normal  institutes.'  He  shall  render 
a  written  opinion  to  any  county  superintendent  asking  it,  touch- 
ing the  exposition  or  administration  of  the  school  law,  and 
shall  determine  all  cases  appealed  from  the  county  superintend- 
ent. 

£  2.  OFFICE  OF.  ]  An  office  shall  be  provided  for  him  at 
the  seat  of  government  in  which  he  shall  file  all  papers,  reports 
and  public  documents  transmitted  to  him  by  the  county  super- 
intendents each  year  separately,  and  hold  the  same  in  readiness 
to  be  exhibited  to  the  governor  or  a  committee  of  either  house 
of  the  legislature  at  any  time  when  required;  and  he  shall  keep 
a  faithful  record  of  all  matters  pertaining  to  his  office.  All 
books  presented  to  his  office  or  purchased  therefor  shall  be 
carefully  preserved  and  catalogued  by  him.  The  educational 
library  thus  formed  shall  be  open  to  the  teachers  of  the  state 
for  reference  and  examination. 

§  3.  SHALL  PRINT  LAWS.]  Immediately  after  the  ad- 
journment of  this  legislature,  and  every  two  years  thereafter  if 


85451 


REVISED  SCHOOL  LAWS— 1897. 


deemed  necessary  he  shall  cause  the  school  law  to  be  printed, 
with  all  the  amendments  thereto,  with  such  notes,  rulings, 
forms  and  decisions  as  may  seem  of  value  to  aid  the  school  of- 
ficers in  the  discharge  of  their  duties.  Appropriate  reference 
shall  be  made  to  the  previous  law  that  has  been  amended  or 
changed,  so  as  clearly  to  indicate  such  amendments  or  changes. 
He  shall  send  to  each  county  superintendent  a  number  of  copies 
sufficient  to  supply  the  school  officers  of  the  county  with  one 
copy  each. 

§  4.  SHALL  MAKE  REPORT.]  On  or  before  the  31st day  of 
December  preceding  each  regular  session  of  the  legislature,  he 
shall  present  a  biennial  report  to  the  governor,  which  report 
shall  show  the  condition  and  needs  of  the  public  schools 
throughout  the  state,  and  the  workings  of  the  educational  system 
of  the  state. 

§    5.       TO  PREPARE  EXAMINATION  QUESTIONS.  ]      It  shall  be 

his  duty  to  prepare  all  questions  for  the  examination  of  teachers 
by  the  county  superintendents,  and  no  county  superintendent 
shall  examine  teachers  with  questions  not  thus  furnished. 
Whosoever  shall  sell,  barter  or  give  away  to  applicants  for  cer- 
tificates or  to  any  other  person  the  questions  prepared  by  the  su- 
perintendent of  public  instruction,  to  be  used  by  the  county  su- 
perintendent in  the  examination  of  teachers,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be 
fined  not  less  than  twenty-five  ($25)  or  more  than  one  hundred 
($100)  dollars. 

§  6.  MAY  APPOINT  DEPUTY.]  He  shall  have  power  to 
appoint  one  assistant,  or  deputy,  who  shall  receive  a  salary  of 
one  thousand  two  hundred  ($1,200)  dollars,  and  shall  perform 
such  duties  pertaining  to  the  office  as  the  superintendent  may 
direct. 

§  7.  INSTITUTE  CONDUCTORS.]  He  shall,  on  or  before 
March  1st  in  each  year,  prepare  and  send  to  each  county  super- 
intendent a  list  of  the  names  of  institute  conductors,  and  county 
superintendents  shall  engage  conductors  for  their  county  nor- 
mal institutes  from  the  list  sent  by  the  superintendent  of  public 
instruction. 

§  8.  MEETING  OF  INSTITUTE  CONDUCTORS.  ]  He  shall,  on 
or  before  the  first  day  of  April  of  each  year,  call  a  meeting  of 
the  county  institute  conductors  for  the  purpose  of  exchanging 
views  relative  to  the  best  methods  of  teaching  and  for  outlin- 
ing,  as  far  as  practicable,  a  general  plan  for  institute  work. 

§  9.  BLANKS  AND  BLANK  FORMS.]  All  the  necessary 
blanks  to  be  used  in  transacting  the  business  between  the 
county  and  the  state  superintendent  shall  be  supplied  by  the 
state  superintendent.  He  shall  also  furnish  each  county  super- 
intendent with  the  necessary  supply  of  blanks  for  the  reports 
pf  teachers,  district  clerks  and  treasurer,  and  with  a  book  of 


REVISED  SCHOOL  LAWS — 1897. 


forms  or  blanks  not  furnished  by  the  state,  and  all  blanks  used 
in  a  county  or  district  must  correspond  with  a  form  in  such 
book. 

§  10.  COMPENSATION  OF.  ]  He  shall  receive  such  salary 
as  is  prescribed  by  law,  and  also  a  sum  not  exceeding  two  hun- 
dred ($200)  dollars  per  annum  for  traveling  and  other  expen- 
ses, while  traveling  on  the  business  of  the  department.  The 
traveling  expense  account  and  the  certified  bills  for  necessary 
office  expenses,  and  for  the  printing  of  such  blanks  and  reports 
as  are  required  by  law,  shall  be  paid  on  the  warrant  of  the 
state  auditor. 

§  11.  STATE  CERTIFICATES  AND  DIPLOMAS.  ]  He  shall 
have  power  to  grant  state  certificates  and  state  diplomas.  He 
shall  keep  a  full  record  of  all  examinations  for  state  certificates 
and  diplomas,  and  carefully  file  in  his  office  all  papers  relating 
thereto,  the  names  of  all  persons  to  whom  certificates  or  diplo- 
mas are  issued,  and  the  names  of  all  persons  applying  for  the 
same  shall  be  preserved  with  a  report  of  the  action  in  the  case. 
He  shall  at  fche  close  of  each  quarter  send  to  each  county  super- 
intendent in  the  state,  a  list  of  the  persons  receiving  state  certi- 
ficates and  diplomas. 

§  12.  EXAMINATION  FOR  SAME,]  Public  examinations 
for  state  certificates  and  state  diplomas  shall  be  held  by  the 
superintendent  of  public  instruction  at  least  twice  each  year, 
at  such  time  and  place  as  he  may  select,  as  will  best  accom- 
modate the  teachers  of  the  state. 

§  13.  STATE  CERTIFICATE— How  SECURED.]  A  state 
certificate  shall  be  valid  for  five  years,  authorizing  the  person 
to  whom  it  is  issued  to  teach  in  any  of  the  common  schools  for 
the  state,  including  those  in  cities  and  towns,  for  the  period  of 
five  years  aforesaid.  Candidates  for  state  certificates  shall 
present  satisfactory  evidence  of  three  years'  successful  ex- 
perience, such  evidence  to  be  genuine,  reliable  and  from  disin- 
terested persons.  They  shall  pass  a  satisfactory  examination 
in  each  of  the  following  branches:  Algebra,  geometry,  natural 
philosophy,  physiology  and  hygiene,  drawing,  civil  government, 
didactics,  general  history  and  American  literature.  The  char- 
acter of  the  papers  submitted  in  the  examination  shall  deter- 
mine the  candidate's  knowledge  of  the  English  grammar,  or- 
thography and  penmanship.  The  possession  of  a  good  moral 
character  shall  be  deemed  a  necessary  requisite  in  every  can- 
didate, and  satisfactory  recommendation  to  establish  this  shall 
be  submitted  by  each  candidate.  Any  resident  graduate  of 
either  of  the  state  normal  schools  or  the  state  university  of 
South  Dakota  shall,  upon  the  presentation  of  his  or  her  di- 
ploma, be  entitled  to  receive  such  state  certificate  free  of  charge, 
provided  ,the  graduates  of  said  university  have  taken  a  course 
of  pedagogy  as  given  in  that  institution.  A  candidate  for  state 


REVISED  SCHOOL  LAWS — 189*. 


certificate,  a  resident  graduate  of  any  college  in  this  state,  hav- 
ing taken  a  course  of  study  equivalent  to  the  advanced  course 
of  study  prescribed  in  either  of  the  state  normal  schools,  or  the 
collegiate  department  of  the  state  university  of  South  Dakota, 
shall  upon  filing  with  the  state  superintendent  his  or  her  di- 
ploma, a  copy  of  the  course  of  study  pursued  and  the  written 
endorsement  of  the  faculty  of  instruction,  be  exempt  from  the 
required  examination;  Provided,  the  applicant  has  taught  suc- 
cessfully in  the  public  schools  for  at  least  one  year.  The  superin- 
tendent of  public  instruction  shall  issue  such  state  certificate 
free  of  charge. 

§  14.  RENEWAL  OF  SAME.]  Any  person  receiving  two 
successive  five-year  certificates,  shall  be  entitled  to  a  renewal 
of  the  latter  upon  presentation  of  his  state  certificates,  and  evi- 
dence of  continued  employment  and  successful  experience  in 
the  business  of  teaching. 

§  15.  STATE  DIPLOMA — HOW  SECURED.]  A  state  di- 
ploma shall  be  valid  for  life,  and  shall  authorize  the  holder 
thereof  to  teach  in  any  of  the  public  schools  of  the  state.  The 
requirements  for  a  state  diploma  shall  be  as  follows: 

First.  The  candidate  must  present  the  diploma  of  the  in- 
stitution of  which  he  is  a  graduate,  with  a  copy  of  the  course 
of  study  therein  taught,  or  he  must  pass  an  examination  in 
such  branches  as  will  be  selected  by  the  superintendent  of  pub- 
lic instruction. 

Second.  He  must  present  ample  proof  that  he  has  had  at 
least  ten  (10)  years  successful  experience  as  a  teacher. 

Third.  He  must  pass  a  satisfactory  examination  in  the 
science  and  art  of  education.  This  shall  be  more  or  less  exten- 
sive as  the  candidate  is  or  is  not  a  graduate  of  some  reputable 
normal  school. 

Fourth.  He  must  pass  an  examination  in  two  branches  se- 
lected by  him  from  the  following:  Geometry,  trigonometry, 
astronomy,  chemistry,  zoology  or  geology.  He  must  also  pass 
an  examination  in  two  branches  selected  by  him  from  the  fol- 
lowing: English  literature,  rhetoric,  general  history,  political 
economy  and  psychology. 

Fifth.  He  must  write  a  thesis  of  not  less  than  three  thou- 
sand (3,000)  nor  more  than  five  thousand  (5,000)  words  upon 
some  special  topic  embraced  in  one  of  the  branches  in  which 
he  is  examined.  His  thesis  the  superintendent  shall  submit 
to  two  persons  of  acknowledged  ability  to  review. 

Sixth.  All  papers  must  show  a  correct  and  intimate 
knowledge  of  English. 

Seventh.  He  must  be  recommended  by  persons  of  liberal 
education,  disinterested  and  having  full  knowledge  of  his  expe- 
rience. 


REVISED  SCHOOL  LAWS— 1897. 


Eighth.  He  must  submit  a  thesis  in  his  own  hand  writing 
upon  some  professional  subject  chosen  by  the  superintendent. 

Ninth.  He  must  submit  evidence  of  a  good  moral  char- 
acter. 

§16.  CERTIFICATE  FREE  [FEE].  ]  Each  applicant  except 
resident  graduates  from  the  normal  schools  of  the  state,  and  the 
state  university,  for  a  state  certificate,  shall  pay  a  fee  of  five 
dollars  ($5.00),  and  for  state  diplomas  shall  pay  a  fee  of  ten 
dollars  ($10.00).  All  fees  thus  collected  shall  be  paid  by  the 
superintendent  into  the  state  treasury,  and  shall  constitute  the 
teachers'  reading  circle  fund,  and  shall  be  subject  to  the  order 
of  the  state  auditor  for  that  purpose;  Provided,  that  should  an 
applicant  fail  in  said  examination,  one-half  of  the  fee  shall  be 
returned;  Provided,  that  the  state  auditor  shall  issue  his  war- 
rant on  the  state  treasurer  in  favor  of  the  treasurer  of  the 
state  teachers'  reading  circle  upon  vouchers  filed  by  the  super- 
intendent of  public  instruction. 

§  17.  MAY  BE  REVOKED.  ]  The  superintendent  of  public 
instruction  shall  have  power  to  revoke  any  state  certificate  or 
diploma  for  any  cause  that  would  have  prevented  its  issue. 


CHAPTER  II. 

COUNTY   SUPERVISION. 

§  1.  SUPERINTENDENT— DUTIES  OF.  ]  The  county  super- 
intendent of  schools  shall  be  charged  with  the  general  super- 
vision of  the  schools  of  his  county.  He  shall  visit  each  school 
in  his  county  as  frequently  as  possible,  at  least  once  each  school 
year,  correcting  any  deficiency  that  may  exist  in  the  govern- 
ment of  the  school,  in  the  classification  of  the  pupils,  or  in  the 
methods  of  instruction  in  the  several  branches  taught;  make 
such  suggestions  as  he  shall  deem  proper  and  necessary  for  the 
welfare  of  the  school;  note  the  character  and  condition  of  the 
school  house,  furniture,  apparatus  and  grounds,  making  such, 
suggestions  to  the  district  officers  as  will  in  his  opinion  improve 
the  same.  He  shall  keep  a  complete  record  of  his  official  acts, 
a  record  of  the  name,  age  and  postoffice  address  of  each  candi- 
date for  certificate  to  teach,  the  standing  in  each  study,  and  the 
grade,  date  of  issue  and  expiration  of  each  certificate  granted. 
He  shall  keep  on  file  the  papers  of  each  candidate  for  a  certifi- 
cate except  the  papers  of  applicants  for  first  grade,  at  least  for 
the  period  for  which  a  certificate  is  granted.  He  shall  keep  a 
register  of  the  teachers  employed  in  his  county,  giving  name 
of  teacher,  district  in  which  employed,  date  of  opening  and  clos- 
ing, terms,  salary  per  month,  grade  of  certificate,  and  date  of 
superintendent's  visits.  He  shall  keep  a  record  of  all  appor- 
tionments of  the  state  and  county  school  fund,  and  such  other 
statistical  records  as  shall  be  required  in  making  reports  to  the 


8  REVISED  SCHOOL  LAWS — 1897. 

superintendent  of  public  instruction.  In  addition  to  his  annual 
report  he  shall,  whenever  called  upon  by  the  superintendent  of 
public  instruction,  make  such  special  report  as  may  be  required. 

§  2.  SHALL  ENCOURAGE  TEACHERS'  INSTITUTES.]  The 
county  superintendent  of  schools  shall  encourage  teachers'  in- 
stitutes and  associations,  and  shall  labor  in  every  practicable 
way  to  elevate  the  standard  of  teaching,  urge  the  continual  em- 
ployment of  successful  and  efficient  teachers,  and  prevent  by 
all  proper  means  the  employment  of  those  who  are  incompetent 
and  inefficient,  and  seek  to  make  the  employment  of  all  teachers 
a  responsible  public  duty,  for  the  public  advantage  only,  and 
free  from  favor  and  sectarian  interest. 

§  3.  COUNTY  CERTIFICATES— REQUIREMENTS  FOR.]  On 
the  first  Friday  of  March,  June,  September  and  November,  of 
each  year,  the  county  superintendent  shall  examine  persons  of- 
fering themselves  as  teachers  for  the  public  schools,  at  least 
two  of  which  examinations  shall  be  held  at  the  county  seat,  no- 
tice of  which  examination  shall  be  duly  published  in  the  news- 
papers of  the  county.  The  ratio  of  correct  answers,  compared 
with  the  per  centum  established  by  the  superintendent  of  pub- 
lic instruction  for  the  granting  of  certificates,  all  evidence  dis- 
closed by  the  examination  and  the  superintendent's  personal 
knowledge  of  the  candidate's  ability  to  teach  and  govern  shall 
be  the  reasons  for  granting  or  refusing  a  certificate  to  any  ap- 
plicant. Provided,  that  no  person  shall  be  granted  a  certificate 
who  does  not  possess  a  good  moral  character. 

§  4.  GRADES  OF  SAME.  ]  County  Certificates  shall  be  of 
three  grades.  The  first  grade  certificates  shall  be  valid  for  a 
term  of  three  years  in  every  county  in  the  state.  Applicants 
for  a  certificate  of  this  grade  shall  pass  an  examination  in  or- 
thography, reading,  writing,  arithmetic,  geography,  including 
physical  geography,  English  grammar,  physiology,  hygiene, 
history  of  the  United  States,  civil  government,  current  events, 
book  keeping,  American  literature,  drawing  and  didactics.  The 
papers  of  applicants  for  first  grade  certificates  shall  be  marked 
by  the  county  superintendent  and  forwarded  by  him  to  the 
superintendent  of  public  instruction  who  shall,  after  inspection 
and  approval  of  the  same  issue  said  certificates  and  send  lists 
of  the  same  without  delay  to  all  of  the  county  superintendents 
of  the  state.  The  second  grade  certificate  shall  be  valid  for  a 
term  of  two  years.  Applicants  for  certificates  of  this  grade 
shall  pass  examinations  in  orthography,  reading,  writing,  arith- 
metic, physiology,  hygiene,  geography,  English  grammar,  his- 
tory of  the  United  States,  civil  government  and  didactics.  Ap- 
plicants for  third  grade  certificates  shall  pass  examinations  in 
orthography,  reading,  writing,  arithmetic,  hygiene,  geography, 
English  grammar,  history  of  the  United  States  and  didactics. 
The  third  grade  certificate  shall  be  valid  for  a  term  of  not  more 


REVISED  SCHOOL  LAWS — 1897. 


than  one  year,  or  less,  in  the  discretion  of  the  county  superin- 
tendent. Examinations  for  third  grade  certificates  may  be  held 
privately,  subject  to  rules  and  regulations  prescribed  by  the 
superintendent  of  public  instruction.  Second  and  third  grade 
certificates  shall  be  issued  by  the  county  superintendent.  The 
second  grade  shall  be  valid  in  any  school  in  the  county  in  which 
it  is  issued,  and  the  third  grade  certificate  shall  be  valid  only 
in  such  school  as  may  be  designated  by  the  county  superintend- 
ent. The  county  superintendent  shall  require  a  fee  of  one  (1) 
dollar  from  every  applicant  for  a  certificate  and  all  fees  so  col- 
lected shall  at  the  close  of  each  examination  be  deposited  with 
the  county  treasurer  to  the  credit  of  the  county  institute  fund. 

§  5.  AGE  OF  APPLICANT.  ]  No  first  or  second  grade  cer- 
tificate shall  be  issued  to  any  person  under  18  years  of  age;  no 
third  grade  certificate  shall  be  issued  to  any  person  under  17 
years  of  age.  No  person  shall  be  allowed  to  teach  in  any 
school  of  the  state  who  is  is  not  the  holder  of  a  valid  certificate. 
All  contracts  made  in  violation  of  the  provisions  of  this  section 
shall  be  void. 

§  6.  REVOCATION  OF  CERTIFICATE.  ]  The  county  super- 
intendent is  authorized  and  required  to  revoke  at  any  time  any 
certificate  held  in  his  county  under  authority  of  Section  four  (4) 
of  this  chapter  for  any  cause  which  would  have  authorized  or 
required  a  refusal  to  grant  the  same  if  known  at  the  time  it  was 
granted,  and  for  incompetency,  immorality,  intemperance,  vio- 
lation of  the  state  law,  cruelty,  general  neglect  of  business  of 
the  school,  or  for  refusal  or  neglect  to  attend  a  county  insti- 
tute, and  at  least  one  district  institute  each  year,  after  due  no- 
tice; Provided,  that  holders  of  first  grade  county  certificates,  in 
force,  who  have  attended  at  least  four  (4)  normal  institutes, 
may  be  excused  by  the  county  superintendent,  in  his  discretion, 
from  attendance  at  institutes  for  such  current  year;  and  the 
revocation  shall  terminate  the  employment  of  such  teacher  in 
the  school  where  he  or  she  may  be  at  the  time  employed;  but 
the  teacher  must  be  paid  up  to  the  time  of  receiving  such  revo- 
cation. The  county  superintendent  must  at  once  notify  the  dis- 
trict board  by  whom  such  teacher  is  employed  of  such  revoca- 
tion, and  at  the  same  time  shall  notify  the  teacher.  And  in 
case  of  a  revocation  of  a  first  grade  certificate  he  shall  notify 
the  superintendent  of  public  instruction  by  an  abstract  of  the 
\charges  thereof.  The  county  superintendent  must  enter  his 
action  in  such  case  of  revocation  in  the  books  of  his  office.  In 
revoking  a  certificate  the  county  superintendent  may  act  upon 
his  personal  knowledge  or  upon  competent  evidence  obtained 
from  others.  In  either  case  the  action  shall  be  taken  after  a 
fair  hearing,  and  the  teacher  must  be  notified  of  the  charge 
and  given  a  chance  to  make  a  defense  at  some  time  and  place 
stated  in  said  notice.  The  state  superintendent  shall  notify 


10  REVISED  SCHOOL  LAWS — 189?. 

every  county  superintendent  in  the  state  of  the  revocation  of  a 
first  grade  certificate.  When  certificates  are  revoked  the  same 
shall  be  returned  to  the  office  of  the  county  superintendent  re- 
voking the  same;  Provided  that  if  any  teacher  refuse  to  deliver 
said  certificate  that  has  been  revoked,  it  shall  be  the  duty  of 
the  county  superintendent  to  publish  notice  of  such  revocation 
in  the  official  papers  of  the  county. 

§  7.  COUNTY  NORMAL  INSTITUTE.]  The  county  super- 
intendent shall  hold  annually  a  normal  institute,  between  the 
first  day  of  April  and  the  fifteenth  day  of  September,  of  not 
less  than  five  days'  duration,  for  the  instruction  of  teachers  and 
those  who  desire  to  teach,  and  he  shall  procure  such  assistance 
in  addition  to  the  conductors  as  he  may  deem  necessary.  At  the 
close  of  the  normal  institute  the  conductor  thereof  shall  imme- 
diately forward  to  the  county  auditor  a  certified  list  of  the  per- 
sons enrolled  therein,  together  with  a  certified  copy  of  the  cer- 
tificate of  appointment  of  the  conductor,  and  the  county  audi- 
tor shall  present  the  said  list  and  copy  of  such  certificate  to  the 
county  treasurer  who  shall  thereupon  transfer  the  sum  of  two 
dollars  ($2)  for  each  and  every  person  named  in  said  list  from 
the  county  general  school  fund  account  to  the  county  institute 
account.  All  disbursements  of  the  institute  fund  shall  be  upon 
a  warrant  of  the  county  superintendent,  and  no  warrant  shall 
be  drawn,  and  no  money  shall  be  paid  as  provided  in  this  sec- 
tion unless  the  list  and  copy  of  the  certificate  has  been  filed  and 
then  only  upon  certified,  itemized  bills  presented  to  the  county 
superintendent  and  approved  by  him  for  services  rendered  or 
expenses  incurred  in  connection  with  the  normal  institute. 

§  8.  MEDIUM  OF  COMMUNICATION.  ]  The  county  superin- 
tendent shall  at  all  times  conform  to  the  instructions  of  the  su- 
perintendent of  public  instruction  as  to  matters  within  the  ju- 
risdiction of  the  latter.  He  shall  serve  as  the  medium  of  com- 
munication between  the  superintendent  of  public  instruction 
and  the  district  officers. 

§  9.  SALARIES  OF  SUPERINTENDENTS.]  The  county  su- 
perintendent shall  receive  a  salary  payable  monthly  and  to  be 
determined  as  follows:  By  the  value  of  the  property  in  their 
respective  counties  as  fixed  by  the  state  board  of  equalization 
for  the  preceding  year,  and  by  the  population  of  their  respec- 
tive counties.  The  entire  vote  of  the  county  multiplied  by  five 
shall  be  the  basis  of  reckoning  the  population.  They  shall  be 
entitled  to  receive  one  (1)  mill  on  each  dollar  of  the  first  one 
hundred  thousand  dollars  ($100,000),  and  three-eights  (3-8)  of 
one  mill  on  each  dollar  from  one  hundred  thousand  dollars 
($100,00  )  to  six  hundred  thousand  dollars  ($600,000);  and  one- 
fourth  (i)  of  one  mill  on  each  dollar  from  six  hundred  thousand 
dollars  ($600,000)  to  one  million  one  hundred  thousand  dollars 
($1,100,000)  and  one  tenth  (1-10)  of  one  mill  on  each  dollar 


REVISED  SCHOOL  LAWS — 1897.  li 

from  one  million  one  hundred  thousand  dollars  ($1,100,000)  to 
two  million  six  hundred  thousand  dollars  ($2,600,000)  and  one- 
twentieth  (1-20)  of  one  mill  on  each  dollar  on  all  sums  above 
two  million  six  hundred  thousand  dollars  ($2,600,000).  And  in 
addition  to  the  above  named  sum  he  shall  receive  for  the  first 
one  thousand  inhabitants  within  his  county  the  sum  of  seventy- 
five  dollars  ($75);  for  each  additional  one  thousand  (1,000)  in- 
habitants within  his  county  or  major  fraction  thereof,  he  shall 
receive  fifty  dollars  ($50).  Provided,  that  he  shall  not  receive 
more  than  fifteen  hundred  dollars  ($1,500)  in  any  county  nor 
any  other  compensation;  Provided,  further,  that  in  counties 
having  an  assessed  valuation  of  less  than  three  hundred  thous- 
and dollars  ($300,000)  the  salary  shall  not  exceed  two  hundred 
dollars  ($200).  Provided,  further,  that  the  county  superin- 
tendent shall  sign  his  name  in  the  attendance  register  of  each 
school  he  visits,  showing  the  date  thereof,  and  that  he  carry  a 
record  book  of  such  visits,  which  book  shall  be  signed  by  the 
teacher  of  the  school  visited  by  him,  and  such  book  shall  be 
filed  with  the  county  auditor  along  with  the  bill  of  such  super- 
intendent's salary  for  the  last  month  of  the  calendar  year;  and 
it  shall  be  the  duty  of  the  county  commissioners  to  deduct  from 
the  salary  of  such  superintendent  for  such  last  month  ten  dol- 
lars ($10)  for  each  and  every  school  in  the  county  under  the 
direct  supervision  of  such  superintendent,  and  not  visited  by 
him  within  such  calendar  year;  Provided,  this  act  shall  not 
reduce  the  salary  of  the  county  superintendents  who  were 
elected  and  qualified  prior  to  the  taking  effect  hereof. 

S  10.  MAY  CLOSE  SCHOOL.  ]  The  county  superintendent 
shall  have  power  to  close  any  school  under  his  supervision  on 
account  of  contagious  disease,  or  for  other  good  and  sufficient 
cause  known  to  him.  The  county  superintendent  of  any  county 
in  this  state  shall  have  power,  and  it  shall  be  his  duty,  when- 
ever petitioned  so  to  do  by  any  land  owner  whose  place  of  resi- 
dence on  such  land  in  any  independent  school  district  in  such 
county,  or  whose  dwelling  house  thereon  is  more  than  three 
miles  from  the  location  of  the  school  house  in  such  district,  to 
make  an  order  attaching  such  land,  not  to  exceed  one  hundred 
and  sixty  acres,  to  any  adjoining  school  district,  the  school 
house  in  which  is  located  within  three  miles  or  less  of  said  resi- 
dence or  dwelling  house,  and  thereafter  said  land  shall  be  a 
part  of  the  district  to  which  it  is  so  attached. 

§  11.  VISITING  SCHOOLS.]  It  shall  be  the  duty  of  the 
county  superintendent  of  schools  to  visit  the  schools  of  inde- 
pendent districts.  In  towns  having  less  than  one  thousand  in- 
habitants he  shall  have  authority  of  direct  supervision. 

§  12.  CERTIFICATE  NOT  REQUIRED.  ]  In  cities  and  other 
independent  districts,  persons  exclusively  engaged  in  teaching 
music,  drawing,  penmanship,  bookkeeping,  foreign  languages, 


12  REVISED  SCHOOL  LAWS — 1897. 

or  kindergarten  methods,  shall  not  be  required  to  hold  a  county 
certificate. 

§  13.  To  EXAMINE  ACCOUNTS.  ]  It  shall  be  the  duty  of 
the  county  superintendent  to  examine  at  least  once  each  year 
the  records  and  accounts  of  the  district  officers,  and  to  advise 
them  as  to  the  proper  form  of  keeping  such  accounts.  Should 
any  such  officer  fail  to  make  his  report  according  to  law  and  at 
the  time  required,  the  county  superintendent  is  authorized  to 
procure  the  same  by  examination  of  the  records,  files  and  ac- 
counts of  such  officer  for  the  purpose  of  obtaining  such  infor- 
mation. It  shall  be  the  duty  of  the  county  superintendent  to  file 
with  the  chairman  of  the  district  board  a  certified  statement  of 
the  condition  of  the  records,  accounts  and  funds  of  the  treas- 
urer and  clerk  as  shown  by  said  examination. 

§14.  VACANCY — HOW  FILLED.  ]  When  the  office  of  county 
superintendent  shall  become  vacant  by  death,  resignation,  re- 
moval or  otherwise,  the  county  board  of  commissioners  shall  fill 
the  vacancy  by  appointment,  and  the  person  so  appointed  shall 
hold  his  office  until  the  next  election  of  county  officers. 

§  15.  TREASURER'S  BOND.  ]  The  county  superintendent 
may  at  any  time  require  a  new  or  additional  bond  for  the  dis- 
trict officers  whenever  it  may  be  deemed  necessary  by  him,  or 
upon  the  failure,  death  or  removal  from  the  county  of  any  one 
of  the  sureties.  All  such  bonds  shall  be  filed  with  the  county 
auditor,  and  in  the  case  of  the  breach  of  any  conditions  thereof, 
the  county  superintendent  shall  cause  an  action  to  be  commenced 
and  prosecuted  thereon  in  the  corporate  name  of  the  school  dis- 
trict, and  all  moneys  so  collected  shall  be  paid  into  the  county 
treasury  to  be  applied  to  the  use  of  the  schools  of  said  district. 
If  the  county  superintendent  either  fail  or  refuse  to  bring  such 
action  upon  the  breach  of  the  bond,  then  any  taxpayer  of  the 
district  may  cause  such  action  to  be  commenced,  and  the  neces- 
sary expenses  of  such  action  shall  be  paid,  unless  otherwise  or- 
dered by  the  court,  out  of  the  county  treasury  from  the  funds 
apportioned  to  such  district. 

§  16.  OATH  OF  OFFICE.  ]  The  county  superintendent  shall 
have  power  to  administer  oaths  of  office  to  all  subordinate  school 
officers  in  his  county  and  to  certify  to  the  same,  and  district 
clerks  are  hereby  empowered  to  administer  oaths  in  all  matters 
to  which  their  respective  districts  may  be  a  party. 

§  17.  QUALIFICATIONS.]  The  county  superintendent  shall 
qualify  on  or  before  the  first  Tuesday  in  January  of  the  year 
following  the  one  in  which  he  is  elected,  by  taking  the  proper 
oath  of  office,  and  executing  a  bond  in  the  sum  of  five  hundred 
(500)  dollars  with  two  or  more  sureties  to  be  approved  by  the 
board  of  county  commissioners.  The  oath  shall  be  subscribed 
upon  the  back  of  the  bond,  which  shall  be  filed  writh  the  county 
auditor.  The  sureties  of  such  bond  shall  be  bound  jointly  and 


REVISED  SCHOOL  LAWS — 1897.  13 

severally,  and  upon  it  an  action  or  actions  may  be  maintained 
by  the  board  of  county  commissioners  for  the  benefit  of  the  dis- 
trict, or  person,  or  fund  injured  by  the  breach  of  the  conditions 
thereof. 

§  18.  MAY  PROVIDE  OFFICE.]  The  county  superintend- 
ent may  provide  at  the  county  seat  a  suitable  office  for  the  trans- 
action of  business,  when  not  provided  by  the  board  of  county 
commissioners,  and  they  shall  allow  accounts  for  all  necessary 
expenditures  for  the  use  and  furnishing  of  said  office  and  for 
necessary  stationery  and  printing.  All  books  and  pamphlets, 
circulars  of  information  and  other  publications  from  the  bureau 
of  information  of  the  United  States,  and  all  official  publications 
of  this  state  and  other  public  documents  and  books  relating  to 
education,  officially  received  by  him,  shall  be  deemed  public 
property  and  shall  be  kept  in  his  office  and  with  other  public 
property  and  records  delivered  to  his  successor.  He  shall  fur- 
nish the  board  of  county  commissioners  such  statistics  relating 
to  the  schools  of  the  county  and  the  officers  thereof  as  they  shall 
desire,  and  as  shall  enable  them  to  perform  their  duties  cor- 
rectly. 

§  19.  SHALL  REPORT  ENUMERATION.]  For  the  purpose 
of  this  act,  all  children  in  the  state,  over  six  and  under  twenty- 
one  years  of  age,  shall  be  considered  of  legal  school  age  and  the 
county  superintendent  shall,  on  or  before  the  first  day  of  July 
of  each  year,  report  under  oath  to  the  commissioner  of  school 
and  public  lands  the  enumeration  of  persons  in  his  county  of 
school  age.  Such  enumeration  to  be  based  upon  the  annual 
census  taken  by  the  district  clerks  of  his  county. 

§20.  SHALL  MAKE  ANNUAL  REPORT.]  The  county  super- 
intendent shall,  on  or  before  the^  first  Monday  of  September  of 
each  year,  make  a  report  to  the  superintendent  of  public  in- 
struction, containing  a  full  abstract  of  the  reports  made  to  him 
by  the  district  officers  and  such  other  matters  as  he  shall  be  di- 
rected to  report  by  the  said  superintendent,  and  as  he  himself 
may  deem  essential  in  exhibiting  the  true  condition  of  the 
schools  under  his  charge.  Should  he  fail  to  make  such  report 
he  shall  forfeit  to  the  school  fund  of  his  county  the  sum  of  one 
hundred  (100)  dollars  and  shall,  besides,  be  liable  for  all  dam- 
ages caused  by  such  neglect. 

§  21.  APPEALS  FROM  DISTRICT  SCHOOL  BOARDS.]  The 
county  superintendent  of  schools  shall,  when  requested,  give 
advice  relative  to  school  matters  to  any  school  officer  or  person 
within  the  county.  But  such  advice  shall  be  advisory  only. 
Any  party  dissatisfied  with  a  decision  of  a  district  school  board 
or  board  of  education  relative  to  school  matters  may  appeal 
therefrom  to  the  circuit  court  of  the  county,  at  any  time  within 
thirty  days  after  the  rendering  of  such  decision.  Said  appeal 


14  REVISED  SCHOOL  LAWS — 1897. 

is  taken  by  serving  a  notice  of  appeal  upon  the  district  school 
board  or  board  of  education  or  any  member  thereof  and  by  fil- 
ing such  notice  of  appeal  and  a  bond  for  costs  with  the  clerk  of 
the  school  district  or  board  of  education.  Said  notice  of  appeal 
must  state  the  decision  appealed  from,  in  a  clear  and  concise 
manner.  Said  bond  for  costs  shall  be  in  the  sum  of  one  hundred 
dollars  with  two  or  more  sureties  approved  by  the  clerk  of  said 
circuit  court,  conditioned  that  appellant  shall  pay  all  costs  there- 
in that  may  be  adjudged  against  him.  When  said  notice  for  ap- 
peal and  bond  for  costs  is  filed  with  the  clerk  of  the  school  dis- 
trict or  board  of  education  as  above,  said  school  clerk  shall  with- 
in five  days  thereafter  transmit  to  the  clerk  of  the  circuit  court 
a  certified  copy  of  his  record  of  the  decision  appealed  from,  and 
all  original  papers  filed  in  his  office  in  said  matters,  including 
the  notice  of  appeal  and  bond  for  costs,  therein;  and  said  clerk 
may  be  compelled  by  said  circuit  court  by  an  order  entered  upon 
motion  to  transmit  such  certified  copies  or  original  papers,  and 
may  be  fined  for  neglect  or  refusal  to  transmit  the  same.  For 
such  transcript  and  return,  the  said  school  clerk  shall  receive 
the  usual  copying  fees,  and  mileage  one  way,  same  to  be  taxed 
as  part  of  the  costs  of  suit.  And  the  clerk  of  the  circuit  court 
shall  receive  and  file  said  papers,  and  docket  same,  in  the  same 
manner,  and  shall  receive  the  same  fees  therefor  as  in  appeals 
from  justices'  courts  to  circuit  courts,  provided  his  costs  need 
not  be  paid  beforehand.  When  any  matter  is  so  appealed  and 
filed  with  the  clerk  of  the  circuit  court,  it  shall  be  docketed  in 
the  name  of  the  dissatisfied  party  as  appellant  against  the  school 
district  by  its  proper  name  as  appellee,  and  it  shall  be  tried 
anew  in  the  circuit  court  according  to  the  regular  procedure 
provided  by  law  therein  and  shall  in  all  respects  be  treated  as  a 
regular  case  or  action  in  said  circuit  court,  save  as  hereinafter  ex- 
pressly provided.  No  notice  of  trial  or  note  of  issue  need  be 
served  to  have  such  matter  placed  upon  the  trial  calendar,  and 
the  clerk  of  said  circuit  court  shall  at  once  enter  same  upon  the 
trial  calendar,  and  same  shall  come  on  for  trial  in  its  regular 
order,  except  as  provided  below  herein;  and  the  same  proceed- 
ings shall  be  had  and  all  judgments  or  orders  therein  shall  be 
valid  and  mandatory  as  by  law  provided  in  any  other  regular 
case  or  action  or  proceeding  in  said  circuit  court;  Provided, 
that  above  parties  may  agree  upon  a  statement  of  facts  in  any 
actual  case  and  have  said  case  or  matter  tried  anew  there- 
on, before  the  court  in  chambers  or  in  open  court,  after  proper 
appeal  and  consent  of  parties.  In  all  of  above  the  circuit  court 
shall  render  judgment  therein  and  may  render  final  judgment  or 
make  such  order  and  direction  therein  as  the  circumstances  of 
the  case  may  require  and  as  the  very  right  of  the  case  may  ap- 
pear and  enforce  the  same  upon  execution  or  by  mandamus  or 
attachment  as  for  contempt. 


REVISED  SCHOOL  LAWS— 1897.  15 

§  22.  APPEALS  FROM  COUNTY  SUPERINTENDENTS.  ]  Ap- 
peals relative  to  school  matters  may  be  taken  from  the  circuit 
court  to  the  supreme  court  of  the  state,  and  the  same  proceed- 
ings shall  be  had,  and  all  judgments  or  orders  therein  shall  be 
valid  and  mandatory  as  by  law  provided  in  any  other  case,  or 
action  or  appeal  or  proceeding  in  said  supreme  court. 

§23.  TAX  LEVY.  ]  The  county  commissioners  shall  at  the 
time  of  making  the  annual  assessment  and  levy  of  taxes,  levy 
a  tax  of  one  dollar  ($1)  on  each  elector  in  the  county  for  the 
support  of  the  common  schools  and  a  further  general  tax  of 
two  mills  on  the  dollar  upon  all  taxable  property  in  the  county 
to  be  applied  to  the  same  purpose,  which  shall,  with  the  money 
received  from  the  state  constitute  and  be  known  as  the  county 
general  school  fund;  and  they  shall  levy  such  further  tax  upon 
the  taxable  property  of  each  school  district  as  the  board  thereof 
shall  certify  is  required  for  the  support  of  the  schools  of  that 
district,  which  latter  special  tax  when  collected  shall  be  credited 
to  the  district  to  which  it  belongs,  to  be  collected  at  the  same 
time  and  in  the  same  manner  as  perscribed  by  law  for  the  col 
lection  of  other  county  and  state  taxes.  The  county  treasurer 
shall  on  the  first  Monday  in  January,  April,  July  and  October, 
furnish  the  county  superintendent  with  a  statement  of  all 
moneys  in  the  county  treasury  belonging  to  the  county  general 
school  fund,  and  shall  pay  the  same  upon  the  order  of  the  su- 
perintendent to  the  treasurers  of  the  respective  public  school 
corporations  of  the  county.  The  county  treasurer  shall  also 
pay  at  such  times  as  are  .required  by  law  to  the  treasurer  of 
each  school  corporation,  all  of  the  school  money  collected  for 
such  corporation,  and  shall  take  duplicate  receipts  for  the 
money  paid.  He  shall  send  one  of  the  receipts  to  the  clerk  of 
the  said  school  corporation. 

§  24.  APPORTIONMENT  OF  SCHOOL  MONEY.  ]  The  county 
superintendent  shall,  on  or  before  the  second  Monday  in  Janu- 
ary, April,  July  and  October  of  each  year,  apportion  the  money 
in  the  county  treasury  belonging  to  the  county  general  school 
fund  to  the  several  public  school  corporations  within  the  county 
in  proportion  to  the  number  of  children  of  school  age  residing 
therein.  He  shall  also  draw  orders  on  the  county  treasurer  in 
favor  of  the  several  school  treasurers  of  the  county  for  the 
amount  apportioned  to  them,  and  shall  take  their  receipts 
therefor. 

§  25.  DISTRICT  INSTITUTES.]  It  shall  be  the  duty  of 
county  superintendents  to  hold  district  institutes  during  the 
school  year,  and  he  shall  actively  and  earnestly  promote  the 
same.  In  holding  said  institutes  he  may  group  two  or  more 
districts  in  institute  organization.  Said  institutes  shall  be  so 
arranged  that  tfre  teachers  in  each  district  or  group  of  districts 


16  REVISED  SCHOOL  LAWS — 1897. 

shall  have  the  benefit  of  such  institutes  at  least  twice  during 
the  school  year. 

§  26.  NOT  HOLD  OTHER  OFFICE.  ]  The  county  superin- 
tendent shall  not  hold  the  office  of  county  commissioner  or 
school  district  officer;  Provided,  that  no  person  shall  hereafter 
be  elected  or  appointed  to  the  office  of  county  superintendent 
who  is  not  the  holder  of  at  least  a  valid  first  grade  county  cer- 
tificate secured  at  least  one  year  prior  thereto,  and  who  has  not 
had  at  least  twenty-four  (24)  months  of  actual  experience  in 
school  teaching. 

§  27.  CLERK'S  REPORT.]  The  clerk  of  each  school  dis- 
trict shall,  on  or  i  before  the  first  day  of  August  of  each  year 
make,  sign,  transmit,  or  deliver  to  the  county  superintendent, 
an  annual  report  in  writing,  covering  the  preceding  school  year 
and  including  all  the  facts  and  statistics  of  the  school  district, 
which  are  required  to  be  included  in  the  county  superintend- 
ent's state  report,  and  in  the  same  order  therein  required  except 
any  item  therein  peculiar  to  the  county  and  not  belonging  to 
the  district.  He  shall  also  report  the  branches  of  study  in  the 
graded  and  ungraded  schools  separately,  the  names  and  addresses 
of  the  district  school  officers,  and  the  dates  when  their  terms  sev- 
erally expire,  and  all  other  facts  and  statistics  which  the  county 
superintendent  may  require  for  his  report  to  the  superintendent 
of  public  instruction.  He  shall  also  enumerate  the  number  of 
children  of  legal  school  age,  male  and  female,  designating  each 
separately,  residing  in  the  districts  on  the  first  day  of  May 
previous  to  the  dafce  of  such  report,,  and  shall  file  such  census 
report  with  the  county  superintendent  on  or  before  the  first 
Monday  of  June  of  each  year. 

§  28.  TREASURER'S  REPORT.  ]  At  the  annual  meeting  of 
the  school  board  on  the  second  Tuesday  of  July  in  each  year, 
the  incoming  district  board  shall  make  settlement  with  the  dis- 
trict treasurer,  who  shall  at  that  meeting  make  his  annual  re- 
port in  triplicate,  one  copy  to  be  preserved  in  the  treasurer's 
office,  and  upon  approval  of  the  same  by  the  district  board,  one 
approved  copy  to  [be]  filed  with  the  district  clerk  and  one  ap- 
proved copy  to  be  transmitted  by  said  clerk  to  the  county  super- 
intendent on  or  before  the  first  day  of  August  in  each  year.  On 
making  said  settlement  it  shall  be  the  duty  of  the  district  board 
to  compare  the  certified  bills  allowed  by  the  board  with  the  or- 
ders issued,  also  to  compare  the  orders  paid  by  the  district 
treasurer  the  preceding  year  with  the  clerk's  record  of  orders 
issued;  and  also  compare  the  record  of  money  received  and  or- 
ders paid  by  said  treasurer  with  his  annual  report,  and  if  found 
correct  the  report  shall  be  approved,  the  orders  cancelled  and 
filed  with  the  district  clerk.  The  board  shall  cause  to  be  posted 
in  three  public  places  or  published  in  a  newspaper  of  general 


REVISED  SCHOOL  LAWS — 1897.  17 

circulation  in  the  county  an  itemized  statement  of  the  receipts 
and  expenditures  for  the  preceding  school  year. 

§  29.  FAILURE  OF  OFFICER  TO  REPORT.  ]  If  any  district 
officer  fails  or  neglects  to  transmit  or  deliver  to  the  county 
superintendent  the  annual  report  of  his  district  at  the  time  re- 
quired by  law  it  shall  become  the  duty  of  the  county  super- 
intendent to  visit  said  district  officer  at  his  residence  in  said 
district  and  to  obtain  such  report.  Upon  sworn  statement  of 
such  visit  being  filed  by  the  county  superintendent  with  the 
county  auditor,  the  county  commissioners  shall  order  the  sum 
of  five  dollars  to  be  transferred  from  the  general  fund  of  said 
district  to  the  county  general  fund  and  a  county  warrant  for 
that  amount  shall  be  issued  to  the  county  superintendent. 

§  30.  MILEAGE  OF  COUNTY  SUPERINTENDENT.]  The 
county  superintendent  shall  receive  five  (5)  cents  per  mile 
each  way  for  every  mile  necessarily  traveled  in  attending  such 
meetings  of  county  superintendents  as  may  be  convened  by  the 
state  superintendent  at  any  time;  Provided,  that  such  mileage 
shall  not  be  regarded  as  compensation. 

CHAPTER  III. 

SCHOOL  CORPORATIONS. 

§  1.  SCHOOL  CORPORATIONS  DEFINED.]  In  all  counties 
organized  for  school  purposes  under  the  district  system,  at  the 
taking  effect  of  this  act,  each  School  district  shall  be  and  remain 
a  district  school  corporation,  and  each  civil  township  in  every 
county  in  the  state  not  organized  for  school  purposes  under  the 
district  system  at  the  taking  effect  of  this  act  shall  be  and  is 
hereby  constituted  a  district  school  corporation.  Each  town- 
ship in  every  county  in  the  state  which  at  the  taking  effect  of 
this  act  consists  of  territory  not  organized  into  a  civil  township 
shall  be  and  remain  a  district  school  corporation;  Provided, 
whenever  such  school  township  shall  be  organized  into  or  an- 
nexed to  a  civil  township,  such  civil  township  shall  thenceforth 
constitute  a  district  school  corporation;  Provided,  further, 
nothing  in  this  act  shall  be  construed  to  alter  the  boundary  lines 
of  any  school  district,  or  of  any  school  township  organized  prior 
to  the  passage  of  this  act,  except  as  hereinafter  provided. 

§  2.  NEW  COUNTIES— DISTRICTS  OF.]  In  any  county 
hereafter  organized  the  county  commissioners  shall  divide  the 
county,  or  the  settled  portions  thereof,  into  school  districts.  In 
the  formation  of  such  districts  and  the  arrangement  of  their 
boundaries  as  provided  for  in  this  section,  the  boundary  lines 
of  congressional  townships  shall  be  made  the  boundaries  of  the 
districts;  Provided  that  no  district  shall  be  thus  formed  in 
which  there  are  not  at  the  time  of  its  formation  at  least  ten 
children  of  legal  school  age. 
SL— 2 


18  REVISED  SCHOOL  LAWS— 1897. 

§  3.  TOWNSHIP  DISTRICT — HOW  SUBDIVIDED.  ]  (1)  In  any 
county  containing  township  districts,  such  districts  may  be  di- 
vided as  follows:  Upon  a  receipt  of  a  petition  signed  by  at 
least  one- third  of  the  qualified  electors  of  any  township  district 
it  shall  be  the  duty  of  the  drstrict  clerk  to  post  a  notice  on  the 
door  of  each  school  house  in  said  district  calling  an  election  for 
the  purpose  of  dividing  said  township  district  into  new  districts 
of  one  school  each.  The  election  shall  be  held  on  the  second 
Tuesday  of  March  at  a  convenient  place  designated  by  the 
school  board,  at  a  regular  or  special  meeting  thereof;  Provided, 
that  said  petition  and  posted  notices  shall  contain  a  plat  of  the 
proposed  division,  and  a  copy  of  said  plat  shall  be  posted  by 
the  district  clerk  at  the  polling  place  on  the  day  of  elec- 
tion; Provided,  further,  that  said  petition  shall  be  filed  with  the 
district  clerk  at  least  twenty  days  prior  to  said  election,  and 
said  notices  shall  be  posted  at  least  ten  days  before  said  election 
specifying  time  and  place  thereof.  The  provisions  appertain- 
ing to  the  election  of  district  school  officers  shall  apply  to  this 
election  as  near  as  applicable.  If  a  majority  of  the  votes  cast  at 
this  election  are  in  favor  of  division  and  said  petition  and  the  poll 
book  of  said  election  are  on  file  with  the  county  auditor,  the 
board  of  county  commissioners  and  county  superintendent  shall 
at  the  next  regular  meeting  of  the  board  of  county  commis- 
sioners in  April  following  such  election  divide  the  said  town- 
ship into  districts  in  accordance  with  the  returns  of  said  peti- 
tion and  ^lection.  Any  township  district  which  comprises  two 
or  more  civil  townships  may  be  divided  into  school  districts 
corresponding  to  the  civil  townships.  The  division  and  appor- 
tionment of  indebtedness  shall  be  made  and  the  officers  of  such 
new  districts  elected  in  the  manner  provided  in  the  case  of  the 
division  of  township  districts  into  districts  of  one  school  each. 

(2)  At  the  regular  [meeting]  of  the  board  of  county  commission- 
ers in  July  following  said  election,  the  county  commissioners 
and  the  county  superintendent  shall  make  an  equitable  appor- 
tionment of  the  property  and  indebtedness  (other  than  bonded) 
of  the  township  district  among  the  new  districts  formed  there- 
from; Provided,  that  should  there  be  any  bonded  indebtedness 
outstanding  against  the  township  district,  the  county  commis- 
sioners shall  levy  a  tax  annually  on  the  property  of   the   new 
districts  formed  therefrom  sufficient  to  pay  the  interest  and 
principal  of  the  bonds  as  the  same  become  due.     The  county 
treasurer  shall  apply  such  tax  to  the  payment  of  said  bonded 
indebtedness,  and  when  the  bonds  are  paid  and  cancelled  the 
county  treasurer  shall  place  the  unused  balance,  if  there  be  any, 
of  such  tax,  to  the   credit  of  the  districts  formed  therefrom. 

(3)  Upon  the  receipt  of  a  petition  signed  by  a  majority  of  the 
qualified  electors  of  any  civil  township  in  sai.d  county,  having 
districts  smaller  than  civil  townships,  the  county  commissioners 


REVISED  SCHOOL  LAWS — 1897.  19 

and  the  county  superintendent  of  schools  shall  declare  that  the 
school  district  shall  comprise  a  civil  -township  and  the  county 
superintendent  shall  appoint  the  neecssary  officers  as  herein- 
after provided  in  Section  1  of  Chapter  4  of  this  act,  who  shall 
hold  until  the  next  election;  Provided,  that  in  the  union  of  said 
minor  districts  all  indebtedness  shall  be  adjusted  as  provided 
in  Paragraph  2  of  this  section. 

§  4.  OFFICER'S  REPORT  IN  CASE  OF  SUBDIVISION.]  In 
each  new  district  formed  by  division  as  provided  for  in  Section 
3,  the  officers  thereof  shall  be  chosen  at  the  annual  school  meet- 
ing following.  The  clerk  of  each  original  township  district 
shall,  on  or  before  the  first  Monday  in  July  following  the  divi- 
sion as  provided  for  in  Section  3  of  this  chapter,  forward  to  the 
county  auditor  a  certified  statement  of  the  finances  of  the  town- 
ship district,  including  the  bonded  and  other  indebtedness.  The 
treasurer  of  each  original  township  district  shall  also  within 
the  same  time  turn  over  to  the  county  treasurer  all  money  be- 
longing to  said  district  and  such  money  shall  be  apportioned  to 
the  districts  succeeding  as  provided  in  Section  3  of  this  chapter. 

§  5.  NAME  OF  SCHOOL  DISTRICT.  ]  Every  school  district 

which  consists  of  a  civil  township  shall  be  named  the 

school  district  of 

county,  State  of  South  Dakota,  with  the  name  of  the  civil  town- 
ship inserted  in  the  blank  before  the  word  school,  and  the  name 
of  the  county  in  which  it  is  situated  inserted  before  the  word 
county.  Every  school  district  consisting  of  territory  not  organ- 
ized into  a  civil  township,  but  which  has  been  named  by  a  dis- 
tinctive name  shall  have  such  distinctive  name  inserted  in  the 
blank  before  the  word  school.  Every  school  district  consisting 
of  territory  not  organized  into  a  civil  township  and  which  has 

no  distinctive  name,  shall  be  called  school  district  No 

of county,  with  its  proper  number  inserted 

in  the  blank  after  the  word  number,  and  the  proper  name  of  the 
county  inserted. 

§  6.  BOUNDARIES — HOW  CHANGED.  ]  After  the  boundary 
lines  of  the  several  school  districts  in  a  county  are  established 
as  provided  for  in  the  preceding  sections  of  this  chapter,  such 
boundaries  at  any  regular  meeting  may  be  changed,  or  new  dis- 
tricts created  by  the  board  of  county  commissioners  and  the 
county  superintendent  of  schools,  upon  a  petition  for  such 
change  signed  by  ten  legal  voters  residing  in  the  district  to  be 
affected  by  such  change;  due  notice  having  been  given  by  the 
county  auditor  to  the  school  board  of  the  districts  to  be  affected 
by  such  proposed  change;  if,  in  the  judgment  of  the  commis- 
sioners and  the  superintendent  such  change  is  for  the  best  in- 
terest of  the  patrons  of  the  schools;  Provided,  that  when  peti- 
tion is  made  for  the  formation  of  a  district  from  parts  of  two 
or  more  counties,  the  commissioners  of  the  said  counties  may 


20  REVISED  SCHOOL  LAWS — 1897. 

in  their  discretion  appoint  a  joint  commission  to  establish  the 
boundaries  of  the  proposed  district  and  to  adjust  all  accounts 
relating  thereto.  The  said  joint  commission  sha1!  appoint  the 
necessary  officers  in  said  district.  It  shall  be  the  duty  of  the 
county  superintendent  of  the  county  in  which  the  school  house 
of  said  district  is  located  to  fill  all  vacancies  that  may  occur 
thereafter;  to  license  the  teacher  for  said  school  and  to  have  su- 
pervision of  the  same.  Whenever  district  boundaries  shall  be 
changed  under  the  provisions  of  this  act,  it  shall  be  the  duty  of 
the  county  commissioners  and  the  county  superintendent  to 
make  an  apportionment  of  property  and  indebtedness  as  pro- 
vided in  Section  3  of  this  chapter. 

§  7.  SCHOOL  DISTRICT  CORPORATIONS.]  Every  school 
district  established  under  the  provisions  of  this  act  shall  be  and 
is  hereby  constituted  a  district  corporation  for  school  purposes 
and  under  its  own  proper  name  or  number  of  such  corporation, 
may  sue  and  be  sued,  contract  and  be  contracted  with,  and  ac- 
quire, purchase,  hold  and  use  personal  and  real  property  for  the 
purposes  mentioned  in  this  act;  and  sell  and  dispose  of  the  same. 

§  8.  COUNTY  SUPERINTENDENTS  SHALL  MAKE  PLAT  OF 
COUNTY.]  The  county  superintendent  shall,  within  thirty  days 
after  the  first  school  election  held  as  provided  herein,  transmit 
to  the  superintendent  of  public  instruction  a  plat  of  the  county 
showing  the  boundaries  and  name  of  each  school  district  there- 
in. He  shall  also  record  a  copy  of  the  same,  together  with  all 
the  proceedings  of  the  county  board  done  under  this  act  in  a 
proper  book  kept  for  the  purpose.  He  shall  promptly  furnish 
such  officer  with  a  corrected  plat,  showing  any  changes  at  any 
time  in  the  boundaries  of  school  corporations.  The  superin- 
tendent of  public  instruction  shall  furnish  directions  for  the 
suitable  preparation  and  construction  of  such  plats  in  regard  to 
the  scale  of  marking,  etc.,  in  order  to  secure  a  uniform  series  of 
maps  for  binding  for  office  use. 

CHAPTER   IV. 

DISTRICT   SCHOOL  BOARD. 

§  1.  SCHOOL  DISTRICT  OFFICERS.  ]  On  the  third  Tuesday  in 
June,  1891,  [1897]  there  shall  be  elected  in  each  district  a  school 
board  consisting  of  a  chairman,  clerk  and  treasurer,  for  the 
term  of  one,  two  and  three  years  respectively,  and  annually 
thereafter  one  member  of  said  board  for  the  term  of  three  years; 
Provided,  that  in  districts  containing  two  schools,  not  more 
than  two  of  such  officers  shall  be  patrons  of  the  same  school, 
and  in  districts  containing  three  schools  not  more  than  one  such 
officer  shall  be  elected  from  any  school  in  said  district;  Pro- 
vided further,  in  districts  containing  more  than  three  schools, 
the  patrons  who,  are  electors  of  such  schools  as  are  not  repre- 


REVISED  SCHOOL  LAWS— 189/Vxupcmr-  2* 

sented  on  the  school  board  by  the  school  officers  herein  pro- 
vided for,  shall  meet  on  the  fourth  Tuesday  in  June  at  their  re- 
spective school  houses  and  elect  one  of  their  number  a  member 
of  the  school  board  whose  term  of  office  shall  be  for  one  year. 
Each  officer  and  member  elected  under  the  provisions  of  this  act 
shall  qualify  on  or  before  the  second  Tuesday  in  July  following 
his  election,  and  shall  hold  his  office  for  the  number  of  years  for 
which  he  is  elected,  and  until  his  successor  is  elected  and  quali- 
fied. Whenever  a  new  school  district  shall  be  formed,  the  county 
superintendent  of  schools  shall  appoint  temporary  officers  for 
such  school  district  who  shall  serve  until  the  first  annual  school 
election  following  and  until  their  successors  are  elected  and 
qualified.  Whenever  a  vacancy  may  occur  from  any  cause  in 
any  school  office  under  the  supervision  of  the  county  superin- 
tendent, he  shall  also  fill  such  vacancy  by  appointment,  and 
such  officer  shall  hold  such  office  until  the  next  election  when 
the  vacancy  shall  be  filled  by  a  vote  of  the  people. 

§2.       ANNUAL  ELECTION  OF  SCHOOL  OFFICERS.  ]      Not  leSS 

than  ten  days  before  the  election  required  under  Section  1  of 
this  chapter,  the  district  clerk  shall  post  notices  in  three  public 
places  in  the  district.  Said  notices  shall  specify  the  time  and 
place  of  holding  the  election,  and  the  hours  during  which  the 
polls  shall  be  kept  open.  The  chairman  and  clerk  of  the  dis- 
trict board  shall  serve  as  judge  and  clerk  of  the  election.  If 
they  are  not  present  at  the  time  of  opening  the  polls,  voters 
present  may  select  a  judge  and  clerk  from  their  number.  The 
polls  shall  be  opened  at  2  p.  m.  and  kept  open  two  hours  in  dis- 
tricts having  but  one  school,  and  four  hours  in  districts  having 
more  than  one  school.  All  persons  who  are  qualified  electors 
under  the  constitution  of  the  state  shall  be  qualified  to  vote  at 
any  school  district  election.  The  voting  must  be  by  ballot  and 
the  polls  and  tally  lists  supplied  through  the  county  superin- 
tendent must  be  kept  and  returned  to  the  district  clerk,  who 
shall,  upon  the  receipt  of  the  same,  issue  the  certificate  of  elec- 
tion to  the  persons  receiving  the  greatest  number  of  votes  as 
sl^own  by  the  certified  returns;  Provided,  that  in  case  of  a  tie, 
in  the  election  of  an  officer,  the  contest  shall  be  settled  at  once 
by  lot  by  the  board  of  election. 

§  3.  SCHOOL  BOARDS— MEETINGS  OF.]  District  boards 
having  under  their  control  more  than  one  school  shall  hold  four 
regular  meetings  each  year  for  the  transaction  of  business,  to- 
wit:  On  the  second  Tuesday  in  July,  the  last  Tuesday  of  Au- 
gust, November  and  March,  at  such  place  and  hour  as  may 
be  fixed  by  the  school  board.  District  school  boards  hav- 
ing under  their  control  but  one  school  shall  meet  annually  on 
the  second  Tuesday  in  July;  Provided,  that  the  district  clerk 
shall  when  requested  by  a  majority  of  the  board  call  a  special 
meeting  at  any  time  by  giving  written  notice  to  each  member 


22  REVISED  SCHOOL  LAWS — 1897. 

of  the  board;  Provided  also,  that  in  any  school  district  five 
legal  voters  may  petition  the  clerk  to  call  a  special  meeting  of 
the  voters  at  any  time,  and  it  shall  be  the  duty  of  the  clerk  to 
call  each  meeting  by  posting  such  notices  at  least  ten  days  prior 
to  the  time  of  meeting  in  three  of  the  most  conspicuous  places 
in  the  district.  Said  notices  shall  give  the  date,  hour  and  ob- 
ject of  the  meeting. 

§  4.  CHAIRMAN — DUTIES  OF.]  The  Chairman  shall  pre- 
side at  all  meetings  of  the  board.  In  his  absence  the  chairman 
pro  tempore  shall  preside.  The  chairman  shall  perform  such 
other  duties  as  are  prescribed  in  this  act.  He  shall  receive  two 
(2)  dollars  for  each  regular  meeting  of  the  district  board  at- 
tended by  him.  and  shall  receive  no  other  compensation  for  his 
services  as  a  district  officer. 

§  5.  CKERK — DUTIES  OF.  ]  Clerk  of  the  board  shall  keep 
an  accurate  record  of  all  proceedings  of  the  board,  give  or  post 
all  notices,  make  out  all  reports  and  statements,  shall  take 
census  of  the  children  of  legal  school  age  in  his  district  and  file 
the  same  with  the  county  superintendent  on  or  before  the  first 
Monday  of  June  in  each  year  and  perform  all  other  duties  re- 
quired by  law  or  by  order  of  the  board. 

§  6.  CLERK  AND  TREASURER — BONDS  OF.]  The  school 
treasurer  shall  on  or  before  the  second  Tuesday  in  July  follow- 
ing his  election,  and  before  entering  upon  his  duties,  give  a 
bond  to  the  school  district  conditioned  that  he  will  honestly 
and  faithfully  discharge  his  duties  as  treasurer;  that  he  will 
render  a  true  account  of  all  funds  and  property  that  shall  come 
into  his  hands,  and  pay  and  deliver  the  same  according  to  law; 
Provided,  that  a  bona  fide  deposit  of  school  funds  in  the  namet 
of  the  school  district  in  any  bank  or  depository  selected  by  a* 
majority  of  the  school  electors  of  any  school  district,  shall  re- 
lieve the  school  treasurer  thereof  from  liability  for  loss  of  said 
deposited  funds  wThile  on  deposit  therein.  Such  bond  shall  be 
in  such  penal  sum  as  may  be  fixed  by  the  clerk  and  chairman  of 
the  board,  but  not  less  than  double  the  sum  as  nearly  as  can  be  as- 
certained to  come  into  his  hands  in  any  one  year,  shall  be  signed 
by  two  or  more  sufficient  sureties  and  shall  be  approved  by  the 
clerk  and  chairman  of  the  board.  In  case  the  said  chairman 
and  clerk  reiuse  or  neglect  to  approve  the  bond  of  the  district 
treasurer  and  the  sureties  thereto,  such  treasurer  may  present 
the  same  to  the  county  superintendent  and  serve  notice  thereof 
upon  the  said  chairman  and  clerk,  and  upon  due  proof  of  such 
notice  being  made  to  the  county  superintendent,  he  shall  unless 
good  cause  for  delay  appear,  proceed  to  hear  and  determine  the 
sufficiency  of  the  bond  and  sureties  thereto,  and  may  approve 
the  same,  and  such  approval  shall  be  in  all  respects  valid.  The 
clerk  of  the  school  board  shall  on  or  before  the  second  Tuesday 
in  July  following  his  election,  and  before  entering  upon  his 


REVISED  SCHOOL  LAWS — 1897.  23 

duties,  give  a  bond  to  the  school  district  continued  [conditioned] 
that  he  will  honestly  and  faithfully  discharge  his  duties  as 
clerk,  that  he  will  render  a  true  account  of  all  property  that 
shall  come  into  his  hands  as  such  clerk  aud  deliver  the  same 
according  to  law.  Such  bond  shall  be  in  penal  sum  of  one 
hundred  (100)  dollars  and  shall  be  signed  by  two  or  more 
sufficient  sureties  and  shall  be  approved  by  the  chairman  and 
treasurer.  In  case  of  neglect  or  refusal  to  approve  such  bond, 
it  shall  be  approved  in  such  manner  as  provided  in  this  section 
for  the  approval  of  the  bond  of  the  treasurer. 

§  7.  TREASURER — DUTIES  OF.]  The  school  treasurer 
shall  keep  such  accounts  and  make  such  reports  as  are  required 
of  him  by  law.  He  shall  pay  no  money  out  of  the  school  funds 
in  his  hands  except  upon  the  warrant  of  the  school  board, 
signed  by  the  clerk  and  countersigned,  by  the  chairman.  He 
shall  pay  all  warrants  properly  drawn  and  signed  when  pre- 
sented so  long  as  there  is  any  money  in  his  hands  or  subject  to 
his  order  for  their  payment,  and  shall  draw  all  money  in  the 
hands  of  the  county  treasurer  belonging  to  his  district  at  least 
once  every  three  months  in  each  year. 

§  8.  WARRANTS — PAYMENT  OF.  ]  Whenever  a  warrant  is 
presented  to  the  treasurer  for  payment  and  there  is  no  money 
in  his  hands  or  subject  to  his  order  for  the  payment  of  such 
warrant,  he  shall  endorse  on  such  warrant  '  'presented  for  pay- 
ment this day  of 18 ..  and  not  paid  for  want 

of  funds,"  and  sign  such  endorsement.  If  he  has  in  his  hands 
or  subject  to  his  order  money  for  the  part  payment  of  such  war- 
rant he  shall  make  such  part  payment  and  endorse  the  sum  on 
the  warrant  and  add  "balance  not  paid  for  want  of  funds," 
signing  the  same.  He  shall  keep  a  correct  register  of  all  war- 
rants so  presented  and  endorsed.  Every  warrant  thus  pre- 
sented and  endorsed  shall  draw  interest  for  the  amount  unpaid 
at  seven  (7)  per  cent  per  annum  until  paid;  Provided,  that 
whenever  there  shall  come  into  the  hands  of  the  treasurer  or 
subject  to  his  order,  money  applicable  to  the  payment  of  any 
warrant  which  has  been  so  presented  and  registered,  the  treas- 
urer shall  notify  in  writing,  by  mail,  the  drawee  of  such  war- 
rant at  his  last  known  place  of  residence  to  present  such  war- 
rant for  payment,  and  interest  shall  cease  upon  every  such 
warrant  ten  days  after  such  notice  shall  have  been  sent  and 
such  money  shall  be  held  for  the  payment  of  such  warrant. 

§  9.  -WARRANTS— HOW  DRAWN.]  Every  warrant  drawn 
by  the  clerk  of  the  district  board  on  the  district  treasurer  shall 
specify  the  purpose  for  which  the  money  is  paid,  the  fund  on 
which  it  is  drawn,  and  the  person,  firm  or  corporation  to  whom 
paid;  Provided,  that  no  warrant  shall  be  issued  except  for  an 
indebtedness  incurred  prior  to  its  issue. 


24  REVISED  SCHOOL  LAWS— 1897. 

§  10.  OFFICIAL  OATH  AND  BONDS— WHERE  FILED.  ]  All 
official  bonds  of  school  district  officers  shall  be  filed  with  the 
county  auditor.  The  oaths  and  reports  of  school  district  offi- 
cers shall  be  filed  with  the  county  superintendent. 

§•11.  SALARY  OF  CLERK  AND  TREASURER.]  The  dis- 
trict clerk  and  treasurer  shall  each  receive  a  salary  of  five  dol- 
lars ($5)  per  annum  for  every  school  in  the  district;  Provided, 
that  such  salary  shall  not  exceed  twenty-five  dollars  (125)  per 
annum;  Provided,  further,  that  the  county  superintendent  shall, 
upon  the  receipt  of  the  annual  report  of  the  clerk  and  treas- 
urer, if  correct,  complete,  and  received  on  or  before  August  1st 
of  each  year,  notify  the  chair  man  of  said  school  board  that  such 
reports  have  been  received.  Thereupon  the  chairman  of  the 
school  board  shall  sign  the  warrant  for  their  annual  salary  and 
no  part  of  said  salary  shall  be  paid  until  said  notice, 

CHAPTER  V. 

POWERS  AND  DUTIES  OF  THE  DISTRICT  SCHOOL  BOARD. 

§  1.  POWERS  AND  DUTIES  OF  BOARD.]  The  district 
school  board  shall  have  the  general  charge,  direction  and  man- 
agement of  the  school  or  schools  o±  the  district,  and  the  care, 
custody  and  control  of  all  the  property  belonging  to  it,  subject 
to  the  provisions  of  this  act.  They  shall  organize,  maintain,  and 
conveniently  locate  schools  for  the  education  of  all  children  of 
school  age  within  the  district.  When  pupils  reside  at  an  un- 
reasonable distance  from  their  nearest  school  house  in  the 
school  district,  the  school  board  may  make  reasonable  finan- 
cial provision  for  the  transportation  of  such  pupils  to  some 
other  school  in  the  district,  or  for  their  tuition  in  some  other 
district;  Provided,  such  provision  shall  be  only  for  actual  at- 
tendance at  public  school.  They  shall  make  all  necessary  re- 
pairs to  the  school  houses,  outbuildings  and  appurtenances  and 
shall  furnish  fuel  and  all  necessary  supplies  for  the  schools.  They 
shall  employ  the  teachers  for  the  school  or  schools  of  the  dis- 
trict, and  may  dismiss  any  teacher  at  any  time  for  plain  viola- 
tion of  contract,  gross  immorality  or  flagrant  neglect  of  duty; 
Provided,  that  every  contract  for  the  "employment  of  a  teacher 
must  be  in  writing.  That  they  shall  have  power  to  admit  to 
the  schools  in  the  districts  pupils  from  other  districts,  when  it 
can  be  done  without  injuring  or  overcrowding  such  schools,  and 
to  make  regulations  for  their  admission  and  the  payment  of 
their  tuition  therein.  They  shall  also  have  power  to  make 
proper  and  needful  rules  for  the  assignment  and  distribution  of 
pupils  to  and  among  the  schools  in  the  district,  whenever  it  is 
deemed  necessary  by  the  board,  and  for  the  best  interests  of 
the  pupils  and  district.  Any  school  may  be  discontinued  by 
the  district  board,  who  shall  make  arrangements  for  the  trans- 


REVISED  SCHOOL  LAWS— 1897.  25 

fer  of  pupils  to  some  other  school,  and  for  their  tuition  therein. 
They  shall  assist  and  co-operate  with  the  teacher  in  the  govern- 
ment and  discipline  of  the  schools,  and  may  make  proper  rules 
and  regulations  therefor.  They  may  suspend  or  expel  from 
school  any  pupil  insubordinate  or  habitually  disobedient;  Pro- 
vided, that  such  suspension  shall  not  be  for  a  shorter  period 
than  ten  days  nor  beyond  the  end  of  the  current  term  of  school. 
They  shall  have  power  to  levy  upon  the  property  in  the  dis- 
trict, a  tax  for  school  purposes  of  not  exceeding  twenty  (20) 
mills  on  the  dollar  in  any  year,  which  levy  shall  be  made  by 
resolutions  of  the  board  at  their  regular  July  meeting  in  spe- 
cific amounts.  The  clerk  shall  immediately  thereafter  notify 
in  writing  the  county  auditor  of  the  amount  of  tax  so  levied. 
The  school  board  shall  have  the  power  to  direct  the  removal  of 
a  school  house  to  a  more  convenient  location  upon  a  vote  of  a 
majority  of  the  electors  of  the  school  district;  Provided,  that 
in  districts  in  which  there  shall  be  but  one  school  house  a  two- 
thirds  majority  vote  shall  be  necessary  to  remove  such  school 
house  from  the  center  of  the  district  to  any  other  point  in  the 
district,  or  from  any  point  in  the  district  to  any  other  point  in 
the  district,  except  such  removal  shall  be  to  the  center  of  the 
district,  in  which  'case  a  majority  vote  shall  be  sufficient  for 
such  removal;  Provided,  further,  that  any  point  within  one 
hundred  and  sixty  rods  of  the  geographical  center  of  the  dis- 
trict shall  be  deemed  the  center  for  the  purpose  of  this  act. 
The  board  shall  have  power,  and  on  a  demand  of  a  majority  of 
the  qualified  electors  of  said  district,  it  shall  be  the  duty  of 
the  board  to  provide  for  such  extra  branches  of  study  added 
to  the  regular  course  as  may  be  desired  by  said  electors.  And 
the  school  boards  of  districts  having  more  than  three  schools 
may  on  or  before  July  first  of  any  year,  upon  vote  of  the  school 
electors,  establish  a  boundary  of  the  subdivisions  of  the  peo- 
ple of  their  respective  districts  for  the  purpose  of  electing 
a  director  for  each  school,  as  provided  in  this  act.  On  the 
fourth  Tuesday  of  June  of  each  year,  in  every  district  where 
there  are  more  than  three  schools  wherein  such  subdivisions 
have  been  established  as  above,  there  shall  be  elected  one  mem- 
ber of  the  school  board  from  each  subdivision  not  already  rep- 
resented on  the  school  district  board;  such  member  must  be  a 
resident  school  elector,  directly  interested  in  the  welfare  of  the 
school  for  which  he  is  chosen.  His  term  of  office  shall  be,  one 
year,  and  until  his  successor  is  chosen  and  qualified.  The 
member  so  elected  shall  within  ten  (10)  days  after  such  elec- 
tion notify  the  clerk  of  the  school  district  board  and  file  his 
oath  of  office  with  the  county  superintendent;  and  in  case  of 
failure  to  qualify,  the  school  board  shall  forthwith  appoint  a 
member  for  said  school.  Five  (5)  days  notice  shall  be  given  by 
posting  notices  in  three  (3)  conspicuous  places  in  the  vicinity, 


26  REVISED  SCHOOL  LAWS — 1897. 

one  of  which  shall  be  on  the  school  house  door;  but  no  such 
meeting  shall  be  illegal  for  want  of  such  notice  in  the  absence 
of  fraud;  and  the  legality  shall  be  determined,  if  called  in  ques- 
tion, by  the  county  superintendent,  -whose  decision  shall  be 
final.  Such  meetings  shall  have  power  to  determine  what 
branches  in  addition  to  those  prescribed  in  Section  thirteen 
(13)  Chapter  eight  (8)  of  this  act,  shall  be  taught  in  their  res- 
pective schools  and  at  what  time  within  the  school  year  such 
school  shall  be  held,  and  to  direct  such  repairs  as  they  may 
deem  necessary  in  their  school  house,  fixtures  and  outbuildings, 
and  may  petition  the  district  school  board  for  the  removal  of 
the  school  house  to  a  more  convenient  location,  for  the  erection 
of  a  new  one  or  the  sale  of  an  old  one  and  the  lands  belonging 
thereto;  and  upon  any  other  subject  connected  therewith.  And 
it  shall  be  the  duty  of  the  member  of  the  school  board  of  such 
school  to  submit  all  such  instructions  to  the  clerk  of  the  dis- 
trict school  board  within  ten  (10)  days  after  such  instructions 
have  been  given  by  the  meeting.  And  it  shall  be  the  duty  of 
the  district  board  to  carry  into  execution  all  such  instructions 
pertaining  to  the  branches  to  be  taught  and  the  time  at  which 
school  shall  be  held;  Provided,  that  it  shall  be  the  duty  of  the 
district  board  to  furnish,  equip  and  supply  all  the  schools  in  the 
district  according  to  the  several  necessities  of  said  schools, 
and  with  as  nearly  equal  school  advantages  as  possible;  Pro- 
vided further,  that  nothing  contained  herein  shall  prevent  the 
district  board  from  exercising  a  sound  discretion  as  to  all  mat- 
ters pertaining  to  the  duties  of  their  office  not  specifically  pro- 
vided for  in  this  act. 

§  2.  DISCONTINUANCE  OF  SCHOOL.  ]  The  patrons  of  any 
school,  or  any  school  district  board  may  petition  the  county  su- 
perintendent for  the  temporary  discontinuance  of  such  school; 
said  petition  setting  forth  reason  therefor  and  the  remedy 
proposed,  which  shall  be  signed  by  a  majority  of  the  patrons 
or  the  school  district  board.  Whereupon  the  county  superin- 
tendent shall  order  a  hearing  thereon,  giving  out  notice  of  time 
and  place  of  such  hearing  to  the  patrons  of  the  school  and  dis- 
trict board  and  if  after  such  hearing  he  shall  deem  it  to  the  best 
interests  of  said  school  and  district,  he  may  order  the  school 
therein  discontinued  and  the  pupils  thereof  transferred  to  some 
other  school  nearest  the  home  of  said  pupils. 

§  3.  THE  ELECTORS  MAY  INSTRUCT  BOARD.]  In  every 
district  containing  but  one  (1)  school  a  majority  of  the  qualified 
electors  thereof  shall  at  any  regulary  called  district  school 
meeting  have  authority  to*  instruct  the  district  school  board 
concerning  the  management  of  the  school  and  to  levy  taxes  for 
the  maintenance  of  the  same;  Provided,  that  such  taxes  shall 
be  levied  at  the  annual  school  meeting  in  July  of  each  year,  and 
shall  not  exceed  two  (2)  per  cent  of  the  taxable  property  in  the 


REVISED  SCHOOL  LAWS— 1897.  27 

district;  if  any  school  district  fails  to  hold  in  any  school  year, 
at  least  six  months  of  school  in  any  school  house  in  said  dis- 
trict, providing  no  legal  discontinuance  be  had,  it  shall  be  the 
duty  of  the  county  superintendent  to  notify  the  county  treasurer 
of  the  amount  of  money  due  said  district  from  the  apportion- 
ment fund  for  the  quarter  ending  September  30th  of  the  suc- 
ceeding year,  which  amount  shall  be  returned  to  the  county 
general  school  fund,  unless  said  district  board  made  provisions 
for  the  instruction  of  the  pupils  for  the  required  time  in  some  other 
school.  In  case  of  failure  in  any  district  to  levy  a  tax  sufficient 
to  support  a  school  for  the  number  of  months  above  named,  the 
board  of  county  commissioners  shall  levy  a  tax  on  the  property 
of  the  district  that  will  be  sufficient  for  the  purpose;  Provided, 
that  such  tax  shall  not  exceed  two  (2)  per  cent  of  the  taxable 
property  in  the  district. 

§  4.  CLERK  SHALL  NOTIFY  AUDITOR  ]  It  shall  be  the 
duty  of  the  district  clerk  on  or  before  the  20th  day  of  July  in 
each  year  to  notify  the  county  auditor  of  the  amount  of  tax 
voted  at  the  last  annual  meeting  or  levied  by  the  district  school 
board  and  of  any  and  all  other  tax  of  which  notice  has  not  pre- 
viously been  given.  The  notice  shall  be  substantially  in  the 
following  form: 

District  clerk's  office School  district  No. : .  . . 

Co. ,  South  Dakota. 

189.... 

To  the  county  auditor  of County,  South  Dakota, 

Sir: — You  are  hereby  notfied  that   a meeting  of 

district  No held  on  the day  of the 

following  tax  was  voted  for  the  coming  school  year: 

For  tuition  fund Dollars 

For  general  fund Dollars 

For  sinking  fund Dollars 

Total Dollars 

Signed , 

District  Clerk. 

§  5.  ACCOUNTS — HOW  KEPT.]  All  moneys  apportioned 
by  the  county  superintendent  to  the  district  or  received  from 
the  district  tax  for  tuition  purposes  shall" constitute  the  tuition 
fund.  All  moneys  received  from  other  sources  shall  constitute 
the  general  fund.  The  treasurer  shall  keep  one  general  ac- 
count wherein  he  shall  set  down  on  the  debit  side  all  the  money 
he  shall  receive  as  treasurer  from  all  sources  whatever,  each 
item  of  entry  showing  plainly  the  source  of  the  particular  pay- 
ment to  him,  with  the  date  thereof,  and  he  shall  set  down  upon 
the  credit  side  all  the  money  he  shall  pay  out  for  all  purposes 
whatever;  each  item  thereof  showing  to  whom  and  for  what 
purpose  each  payment  was  made  with  the  date  thereof.  The 
total  of  the  debit  side  shall  always  be  balanced  by  the  total  of  the 


28  REVISED  SCHOOL  LAWS — 1897. 

credit  side  with  the  funds  on  hand  added  thereto.  At  the  begin- 
ning of  every  school  year  he  shall  open  such  account  anew  for 
that  year,  and  the  first  item  shall  be  an  entry  on  the  debit  side 
of  the  balance  on  hand,  if  any,  for  the  preceding  year.  He 
shall  also  keep  a  separate  set  of  accounts  of  different  classes  of 
receipts  and  expenditures,  showing  severally  the  following: 

RECEIPTS. 

Amount  received  into  the  tuition  fund  from  all  sources 

Amount  received  into  the  general  fund  from  all  sources 

Amount  received  into  the  sinking  fund  from  all  sources 

EXPENDITURES. 

Amount  paid  for  tuition 

Amount  paid  for  school  houses,  sites  and  furniture 

Amount  paid  for  incidental  expenses 

Amount  paid  as  interest  on  bonds 

Amount  paid  upon  debts  and  liabilities  not  included  in  other 

items 

The  several  accounts  shall  be  separately  kept,  and  not  required 
to  balance.  The  accounts  for  different  classes  of  receipts  shall 
be  kept  separately  from  the  accounts  of  the  different  classes  of 
expenditures;  but  every  entry  in  each  shall  fully  and  clearly 
designate  its  source  or  purpose,  with  the  dates. 

§  6.  SCHOOL  SITE.  ]  The  district  school  board  shall  pur- 
chase or  lease  such  site  for  a  school  house  as  shall  have  been 
designated  by  voters  at  a  district  meeting  in  the  corporate  name 
thereof,  and  shall  move  any  school  house  in  the  district  to  any 
site  designated  by  the  voters  at  any  regular  or  special  district 
meeting;  and  shall  build,  hire  or  purchase  such  school  house  as 
the  voters  of  the  district  in  the  district  meeting  shall  have  agreed 
upon,  out  of  the  funds  provided  for  that  purpose,  and  make  sale 
of  any  school  house  or  other  property  of  the  district,  and  if  nec- 
essary, execute  a  conveyance  of  the  same  in  the  name  of  the  dis- 
trict w7hen  lawfully  directed  by  the  voters  of  such  district  at 
any  regular  or  special  meeting,  and  shall  carry  into  effect  all 
lawful  orders  of  the  district. 

§  7.  BOARD  MAY  TAKE  LAND.]  It  shall  be  lawful  for  any 
board  of  district  officers  to  take  and  hold  any  land  not  exceed- 
ing two  (2)  acres,  situated  on  a  section  line  or  upon  a  regularly 
laid  out  highway,  legally  chosen  as  a  school  house  site  by  a  law- 
ful district  meeting.  If  the  owner  of  such  land  refuses  or  neg- 
lects to  grant  such  site  to  the  district,  or  cannot  be  found,  the  su- 
perintendent of  that  county  shall  upon  application  proceed  ac- 
cord ing  to  law  to  condemn  and  acquire  title  to  the  same  in  the 
name  of  said  district;  Provided,  that  no  site  shall  be  thus  taken 
within  forty  (40)  rods  of  any  residence  when  the  owner  thereof 
objects  to  its  being  placed  there,  and  not  in  any  orchard,  garden 
or  public  park.  But  this  section  shall  not  apply  to  any  incor- 
porated town. 


REVISED  SCHOOL  LAWS — 189 


§  8.  CONDITIONS.]  The  title  acquired  to  such  school  site 
shall  be  for  such  purpose  only,  and  if  not  used  for  the  purpose 
of  maintaining  a  public  school  thereon  for  two  successive  years 
the  title  shall  revert  to  the  original  owner  upon  repayment  of 
the  sum  paid  with  the  value  of  improvements  made  by  the  dis- 
trict and  without  interest. 

£  9.  REPORTS  IN  ENGLISH.]  All  reports  and  records  of 
district  officers,  and  proceedings  of  district  meetings  shall  be  in 
the  English  language,  and  if  any  money  belonging  to  any  dis- 
trict shall  be  expended  for  supporting  a  school  in  which  the 
English  language  shall  not  be  taught  exclusively,  the  county  su- 
perintendent or  any  taxpayer  of  the  district  may  in  civil  action 
in  the  name  of  the  district  recover  said  money  from  the  officer 
so  expending  it. 

§10.  CLERK  OF  DISTRICT  MEETINGS.]  The  district  clerk 
shall  be  clerk  of  all  district  meetings,  but  if  such  clerk  shall  not 
be  present,  or  being  present  shall  refuse  to  act  at  such  district 
meeting,  the  voters  present  may  appoint  a  clerk  for  such  meet- 
ing, who  shall  certify  the  proceedings  thereof,  and  the  same 
shall  be  recorded  by  the  clerk  of  the  district. 

§  11.  WEBSTER'S  DICTIONARY.  ]  The  district  school  board 
shall  provide  for  each  school  in  the  district  one  Webster's  Inter- 
national dictionary.  And  they  may  also  provide  for  each  school 
other  high  grade  library  books  and  books  of  reference  as  they 
may  deem  for  the  best  interests  of  the  schools;  Provided,  said  ex- 
pense shall  not  exceed  ten  dollars  for  any  school  in  any  one  year. 
And  it  is  especially  provided  further  that  no  school  district 
board  shall  buy  any  apparatus,  chart  or  similar  device,  unless 
said  board  is  expressly  authorized  so  to  do  by  a  majority  of  the 
school  electors  of  such  school  district  at  a  regular  or  regularly 
called  special  meeting  thereof. 

§  12.  CLERK  SHALL  DRAW  WARRANTS.  ]  The  clerk  shall 
draw  and  sign  all  warrants  for  the  payment  of  money  for  the 
purpose  legally  ordered  by  the  board,  and  every  such  warrant 
shall  be  countersigned  by  the  chairman  of  the  board.  No  war- 
rant shall  be  drawn  by  the  clerk  except  upon  presentation  of  a 
bill  for  the  service  rendered,  duly  certified,  and  the  same  shall 
be  retained  by  him  as  voucher  and  placed  on  file  in  his  office. 

CHAPTER  VI. 

TEACHERS   AND   SCHOOLS. 

§  1.  TEACHERS  —  HOW  EMPLOYED.]  Teachers  shall  be 
employed  only  upon  the  exhibition  of  a  teacher's  certificate  valid 
in  the  county  where  employed,  and  then  only  upon  a  written 
contract  signed  by  the  teacher  and  at  least  two  (2)  members  of 
the  district  school  board  which  shall  specify  the  date  at  or  about 
which  the  school  shall  begin,  the  length  of  time  it  shall  con- 


30  REVISED  SCHOOL  LAWS — 1897. 

tinue,  the  wages  per  month,  and  the  time  of  payment  thereof, 
and  said  contract  shall  be  signed  in  duplicate  and  one  (1)  copy 
filed  in  the  office  of  the  clerk  and  the  other  retained  by  the 
teacher.  The  following  conditions  shall  be  understood  as  forming 
a  part  of  every  such  contract  whether  expressed  therein  or  not: 
(1)  The  teacher  shall  not  hold  school  upon  any  of  the  following 
legal  holidays:  The  thirtieth  (30th)  day  of  May,  the  fourth 
(4th)  day  of  July,  the  day  appointed  by  the  president  of  the 
United  States  for  national  thanksgiving,  and  the  twenty-fifth 
(25th)  day  of  December.  But  such  days  shall  count  as  part  of 
the  term  and  the  teacher  shall  be  paid  therefor,  but  such  pay 
shall  not  be  drawn  for  any  Saturday  or  Sunday.  (2)  School 
shall  be  adjourned  during  the  session  of  the  county  normal  in- 
stitute, when  the  teachers  have  been  notified  by  the  county  su- 
perintendent. (3)  Teachers  shall  receive  into  their  schools  pu- 
pils transferred  thereto  by  order  of  the  district  board,  or  admit- 
ted by  its  authority.  (4)  Teachers  shall  send  the  notices,  keep 
the  proper  entries  in  the  register  which  shall  show  the  grade  in 
which  each  pupil  belongs,  the  pupil's  standing  as  shown  by  the 
examination  and  such  other  information  as  will  assist  the  suc- 
ceeding teacher  in  the  conduct  and  management  of  the  school, 
and  make  the  reports  required  by  law,  and  the  county  superintend- 
ent shall  promptly  furnish  without  cost  to  the  teacher  the  blank 
forms  for  such  reports,  and  the  district  board  shall  furnish  for 
use  the  proper  register  prepared,  so  that  the  required  facts  and 
statistics  can  be  kept  in  an  orderly  manner.  (5)  Teachers  shall 
classify  the  work  in  their  schools  in  accordance  with  the  sugges- 
tions, grades  and  outlines  as  prescribed  in  the  course  6f  study 
recommended  by  a  majority  of  the  county  superintendents  of  the 
state  and  the  superintendent  of  public  instruction,  and  shall  hold 
examinations  and  make  reports  as  prescribed  therein. 

§  2.  TEACHERS'  REGISTER.  ]  The  board  of  every  school 
district  shall  provide  one  (1)  suitable  classification  school  re- 
gister for  each  school  therein,  and  keep  the  same  as  part  of  the 
records  of  his  office  except  during  each  term  of  school,  when 
the  teacher  shall  keep  said  register  and  record  therein  each  day 
the  attendance  of  each  pupil  and  the  absence  of  those  enrolled, 
and  all  other  items  necessary  for  making  the  report  in  the  next 
section  required. 

§  3.  TEACHERS  SHALL  MAKE  REPORT.  ]  Every  teacher 
of  a  common  school  under  this  law  shall  at  the  expiration  of 
each  term  immediately  make  out  full  duplicate  reports  and  de- 
liver one  copy  thereof  with  the  school  register  to  the  school 
clerk,  and  one  to  the  county  superintendent.  Such  report  shall 
show  the  names,  ages  and  sex  of  all  pupils  admitted  during 
such  term,  the  branches  taught,  the  studies  pursued  by  each 
pupil,  the  text  books  used,  the  number  of  days  taught,  the  num- 
ber of  days  each  pupil  was  present,  the  average  daily  attend- 


REVISED  SCHOOL  LAWS— 1897.  31 

ance,  the  date  when  school  began  and  ended,  the  salary  per 
month,  and  information  concerning  the  school  and  property. 
In  addition  to  the  above  the  report  shall  show  the  grade  in 
which  each  pupil  belongs,  his  standing  as  shown  by  the  month- 
ly and  term  examinations,  the  daily  program  of  class  recitation, 
and  such  other  information  as  may  be  required  by  the  county 
superintendent.  The  teacher  shall  also  make  monthly  reports 
to  parents  and  to  county  superintendents  when  blanks  for  same 
are  furnished.  And  until  such  report  shall  have  been  so  filed 
with  the  clerk,  the  school  board  shall  not  pay  more  than  ninety 
(90)  per  cent  of  the  wages  of  such  teacher  for  his  or  her  services 
as  such,  for  the  time  required  to  be  covered  by  such  report. 

§  4.  SHALL  GIVE  NOTICE.  ]  Every  teacher  on  commenc- 
ing a  term  of  school  shall  give  written  notice  to  the  county 
superintendent  of  the  time  and  place  of  beginning  such  school, 
and  the  probable  time  when  it  will  end. 

§  5.  PENALTY  FOR  DISTURBING  A  SCHOOL.  ]  Every  per- 
son, whether  pupil  or  not,  who  shall  willfully  molest  or  disturb 
a  public  school  when  in  session,  or  who  shall  willfully  interfere 
with  or  interrupt  the  proper  order  or  management  of  a  public 
school  by  acts  of  violence,  boisterous,  conduct  or  threatening 
language,  so  as  to  prevent  the  teacher  or  any  pupil  from  per- 
forming his  duty,  shall  upon  conviction  thereof  be  punished  by 
a  fine  not  exceeding  twenty-five  dollars  (125),  or  by  imprison- 
ment in  the  county  jail  not  more  than  ten  (10)  days,  or  by  both 
such  fine  and  imprisonment. 

§  6.  READING  OP  MORAL  INSTRUCTION.  ]  Moral  instruc- 
tion, intending  to  impress  upon  the  minds  of  the  pupils  the  im- 
portance of  truthfulness,  temperance,  purity^  public  spirit, 
patriotism  and  respect  for  honest  labor,  obedience  to  parents, 
and  due  deference  for  old  age,  shall  be  given  by  every  teacher 
in  the  public  service  of  the  state. 

CHAPTER  VII. 

COMPULSORY   EDUCATION. 

§  1.  ATTENDANCE— PERIOD  OF — PENALTY.]  Every  per- 
son having  under  his  control  a  child  between  the  age  of  eight 
and  fourteen  years,  shall  annually  cause  such  child  to  attend 
for  at  least  twelve  weeks,  at  least  six  weeks  of  which  attend- 
ance shall  be  consecutive  in  some  public  day  school  in  the  city, 
town  or  independent  district  in  which  he  resides,  which  time 
shall  commence  with  the  beginning  of  the  first  term  of  the  school 
year  or  as  soon  thereafter  as  due  notice  shall  be  served  upon  the 
person  having  such  control  of  his  duty  under  this  act.  For 
every  neglect  of  such  duty,  the  person  offending  shall  forfeit  to 
the  use  of  the  public  schools  of  his  school  corporation  a  sum  not 
less  than  ten  (10)  dollars  nor  more  than  twenty  (20)  dollars, 


32  REVISED  SCHOOL  LAWS— 1887. 

and  shall  stand  committed  until  such  fine  and  costs  of  suit  are 
paid.  But  if  the  person  so  neglecting  shall  show  to  the  board 
of  education,  or  district  school  board,  as  the  case  may  be,  that 
such  child  has  attended  for  a  like  period  of  time  a  private  day 
school,  or  that  instruction  has  otherwise  been  given  for  a  like 
period  of  time  to  such  child  in  the  branches  commonly  taught  in 
a  public  school,  that  such  child  has  already  acquired  the 
branches  of  learning  taught  in  the  public  schools  or  that  his 
physical  or  mental  condition  as  declared  by  a  competent  physi- 
cian is  such  as  to  render  such  attendance  inexpedient  and  im- 
practicable, then  such  penalty  shall  not  be  incurred.  Such  fine 
shall  be  paid  when  collected  to  the  county  treasurer,  or  the 
treasurer  of  such  city  or  independent  district  in  which  such  child 
and  parents  reside,  to  be  accounted  for  by  him  as  other  money 
raised  for  school  purposes. 

§  2.  ARREST  OF  TRUANT  CHILDREN.  ]  It  shall  be  the  duty 
of  the  president  of  the  board  of  education  in  every  city  or  other 
independent  district  and  the  chairman  of  every  district  school 
board  carefully  to  inquire  concerning  all  supposed  violations  of 
this  act  and  to  enter  complaint  against  all  persons  who  shall  ap- 
pear to  be  guilty  of  such  violation.  It  shall  also  be  the  duty  of 
said  officers  to  arrest  children  of  a  school  going  age  who  habit- 
ually haunt  public  places  and  have  no  lawful  occupation,  and 
also  truant  children  who  absent  themselves  from  school  without 
leave,  and  to  place  them  in  charge  of  the  teacher  having  charge 
of  the  public  schools  which  said  children  are  by  law  entitled  to 
attend.  And  it  shall  be  the  duty  of  said  teacher  to  assign  such 
children  to  the  proper  classes  and  instruct  them  in  such  studies 
as  they  are  fitted  to  pursue.  Any  school  officer  failing  or  neg- 
lecting to  perform  the  duty  required  of  him  by  this  chapter  shall 
be  liable  to  a  fine  of  not  less  than  ten  (10)  nor  more  than  twenty 
(20)  dollars  for  every  such  offense. 

§  3.  EMPLOYMENT  OP  CHILDREN.  ]  No  child  between  eight 
and  fourteen  years  of  age  shall  be  employed  in  any  mine,  fac- 
tory or  workshop  or  mercantile  establishment,  or,  except  by  his 
parent  or  guardian,  in  any  other  manner  during  the  hours  when 
the  public  schools  in  the  city,  town,  village  or  district,  are  in 
session,  unless  the  person,  firm  or  corporation  employing  him 
shall  first  procure  a  certificate  from  the  superintendent  of  the 
schools  of  the  city,  town  or  village,  if  one  be  employed,  other- 
wise from  the  clerk  of  the  school  board  or  board  of  education, 
stating  that  such  child  has  attended  school  for  the  period  of 
twelve  weeks  during  the  year,  as  required  by  law,  or  has  been 
excused  from  attendance  as  provided  in  Section  one  (1)  of  this 
article;  and  it  shall  be  the  duty  of  such  superintendent  or  clerk 
to  furnish  such  certificates  upon  application  of  the  parent,  guar- 
dian or  other  person  having  control  of  such  child,  entitled  to  the 
same.  Every  owner,  superintendent  or  overseer  of  any  mine, 


REVISED  SCHOOL  LAWS — 1897.  33 

factory,  workshop  or  mercat  tile  establishment,  and  any  other 
person  who  shall  employ  any  child  between  eight  and  fourteen 
years  of  age  contrary  to  the  provisions  of  this  article,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  for  every  such  offense  shall 
upon  conviction  thereof  be  fined  not  less  than  ten  dollars  ($10) 
nor  more  than  twenty  dollars  ($20)  and  costs. 

§  4.  FALSE  STATEMENT.  ]  Any  person  having  control  of 
a  child  who  with  the  intent  to  evade  the  provisions  of  this  act, 
shall  make  a  willfully  false  statement  concerning  the  age  of  such 
child,  or  the  time  such  child  has  attended  school,  shall  for  such 
an  offense  forfeit  a  sum  not  less  than  ten  (10)  nor  more  than 
twenty  dollars  ($20)  for  the  use  of  the  public  school  corpora- 
tion. 

§  5.  PROSECUTIONS — HOW  AND  BY  WHOM  MADE.  ]  Pros- 
ecutions under  this  act  shall  be  instituted  and  carried  on  by  the 
district  school  board  or  the  chairman  of  the  board  of  education 
in  independent  districts;  Provided,  that  all  prosecutions  of 
school  officers  for  their  neglect  of  duty  regarding  the  provis- 
ions of  this  chapter,  shall  be  instituted  and  carried  on  by  the 
county  superintendent. 

§  6.  COURTS  HAVING  JURISDICTION.  ]  Police  and  munici- 
pal courts,  justices  of  the  peace  and  judges  of  the  county  court 
shall  have  jurisdiction  within  their  respective  counties  of  the 
offenses  described  in  this  act. 

CHAPTER  VIII. 

MISCELLANEOUS. 

§  1,  DEFINITION  OF  SCHOOL  DAYS.]  The  school  year 
shall  begin  July  one  (1)  and  end  June  thirty  (30).  A  school 
month  shall  consist  of  twenty  (20)  days,  a  school  week  of  five 
school  days,  a  school  day  of  five  and  one-half  school  hours  ex- 
clusive of  intermissions;  Provided  that  the  time  specified  as 
a  school  day  shall  not  apply  to  primary  schools,  and  Saturdays 
shall  not  be  counted  as  school  days. 

§  2.  ILLEGAL  CONTRACTS.  ]  No  contract  binding  on  the 
school  district  shall  be  made  in  any  case  except  by  the  school 
board  or  board  of  education,  acting  as  such,  at  a  regular  or  reg- 
ularly called  special  meeting,  excepting  contracts  made  for  the 
employment  of  teachers. 

§  3.  PENALTY  FOR  FALSE  REPORT.  ]  Any  clerk  or  treas- 
urer of  a  school  district  who  shall  willfully  sign  or  transmit  a 
false  report  to  the  county  superintendent  or  willfully  sign,  is- 
sue or  publish  a  false  statement  of  facts  purporting  or  appear- 
ing to  be  based  upon  books,  accounts  or  records,  or  of  the  af- 
fairs, resources  and  credit  of  the  school  district,  shall  upon  con- 
viction be  punished  by  a  fine  not  exceeding  fifty  dollars  ($50) 
or  by  imprisonment  in  the  county  jail  not  exceeding  fifteen 

S  L— 3 


34  REVISED  SCHOOL  LAWS— 1897. 

days.  And  any  clerk  or  treasurer  of  a  school  district  who  shall 
willfully  mutilate  or  destroy  any  of  the  books,  accounts  or  re- 
cords of  his  office,  or  who  shall  refuse  to  deliver  to  his  suc- 
cessor in  office  all  the  books,  accounts,  moneys  and  records  of 
his  office  upon  demand  of  his  successor  for  the  same,  shall  be 
deemed  guilty  of  a  misdemeanor  and  it  shall  be  the  duty  of  said 
successor  to  begin  action  immediately  upon  the  official  bond  of 
such  officer  for  recovery  of  such  money  or  other  property. 

§  4.  MUST  QUALIFY.  ]  No  officer  of  a  school  district  shall 
perform  any  duties  of  the  office  nor  receive  any  of  the  property, 
money,  books  or  papers  belonging  to  the  office,  nor  any  money 
from  the  county  treasurer,  or  warrant  thereof,  until  he  has 
fully  qualified  as  required  by  law. 

§  5.  VACANCY — HOW  PILLED.  ]  If  any  person  appointed 
or  elected  to  a  school  district  office  shall  for  one  month  after 
the  time  fixed  by  law  fail  to  qualify  or  give  bonds  as  provided 
by  law,  the  office  shall  be  deemed  vacant  and  the  county  super- 
intendent shall,  when  notified  of  such  vacancy  proceed  to  fill 
the  same  by  appointment.  Whenever  a  treasurer  of  a  school 
district,  by  election  or  appointment,  becomes  his  own  successor 
he  shall  give  new  bonds,  and  all  such  officers  shall  qualify  anew 
upon  entering  upon  a  new  term.  If  from  sickness  or  any  other 
cause,  such  officer  shall  become  incapacitated  or  unable  to  at- 
tend to  the  duties  of  his  office,  the  fact  shall  be  certified  to  the 
county  superintendent  by  the  clerk  of  the  school  district.  If 
the  clerk  fails  to  notify  the  county  superintendent  of  any  va- 
cancy that  may  exist,  it  shall  be  the  duty  of  the  remaining  of- 
ficer or  officers  to  do  so,  and  a  successor  shall  be  appointed  to 
fill  such  vacancy,  and  such  appointment  shall  be  held  official 
until  the  next  election,  when  any  vacancy  shall  be  filled  by  an 
election. 

§  6.  RECORDS  OPEN  TO  INSPECTION.]  All  reports,  and 
all  books,  records,  vouchers,  contracts  and  papers  of  all  kinds 
relating  to  the  school  houses,  schools  and  school  business  in 
the  district  in  the  office  of  the  clerk  or  treasurer,  shall  be  at  all 
times  open  to  the  inspection  of  the  chairman,  who  shall  advise 
and  aid  toward  securing  correct  records  and  accounts  and  legal 
reports,  and  they  shall  likewise  be  open  to  the  inspection  of 
state  and  county  superintendents,  and  any  particular  paper  or 
record  shall  be  exhibited  at  reasonable  hours  to  the  examination 
of  any  voter  or  taxpayer. 

§  7.  TAX  LEVY  TO  SATISFY  JUDGMENT.  ]  Whenever  any 
final  judgment  shall  be  obtained  against  any  school  corporation 
the  board  thereof  shall  levy  a  tax  upon  the  taxable  property 
in  the  corporation  for  the  payment  thereof,  and  such  tax  shall 
be  collected  as  other  school  taxes,  but  no  execution  shall  issue 
against  any  school  corporation;  such  tax  or  taxes  shall  not  be 
greater  than  two  (2)  per  cent  in  any  one  year,  and  any  surplus 


REVISED  SCHOOL  LAWS— 1897.  35 

fund  in  the  treasury  of  the  school  corporation  may  be  appro- 
priated to  the  payment  of  a  judgment.  If  the  school  board 
shall  refuse  or  fail  to  levy  such  tax,  the  judgment  creditor  may 
apply  to  the  board  of  county  commissioners,  who  shall  cause 
such  tax  to  be  levied  upon  the  property  of  the  school  district. 
When  collected,  it  shall  be  paid  over  by  the  county  treasurer  to 
the  judgment  creditor,  whose  receipt  therefor  shall  be  delivered 
the  same  as  money  to  the  treasurer  of  the  school  corporation  by 
the  county  treasurer.  Such  levy  may  be  repeated  until  the 
judgment  is  paid. 

§  8.  JURISDICTION  IN  SCHOOL  SUITS.  ]  Justices  of  the 
peace  shall  have  jurisdiction  in  all  cases  in  which  a  school 
corporation  is  a  party  interested  when  the  amount  that  is 
claimed  does  not  exceed  one  hundred  dollars  ($100)  and  the 
party  shall  have  the  right  to  appeal  as  in  other  cases. 

§  9.  FINES  AND  PENALTIES.]  All  fines  and  penalties  not 
otherwise  provided  for  in  this  act  shall  be  collected  by  action 
in  any  court  of  competent  jurisdiction. 

S  10.  ASSESSOR — DUTY  OF.]  Every  township  or  county 
assessor  shall,  on  or  before  the  first  day  of  July  in  each  year, 
furnish  to  the  clerk  of  each  school  corporation,  the  property  of 
which  he  assesses,  a  certificate  of  the  valuation  of  all  real  prop- 
erty and  all  personal  property  and  of  the  total  of  these  subject 
to  taxation  within  the  corporation  for  the  current  year. 

§  11.  MAJORITY  RULE.]  Words  giving  a  joint  authority 
to  three  or  more  public  officers  or  other  persons  are  construed 
as  giving  such  authority  to  a  majority  of  them  unless  it  be 
otherwise  expressed  in  the  section  or  law  giving  the  authority, 
and  when  a  decision  or  direction  is  made  by  the  majority  of 
such  officers  or  persons,  it  is  the  duty  of  the  one  to  whom  its 
execution  belongs  by  law,  to  execute  the  same  in  all  respects  as 
if  he  had  favored  the  particular  decision  or  direction,  as  if  it 
were  authorized  unanimously. 

§  12.  ANNUAL  SCHOOL  ELECTION.]  The  school  district 
annual  election  shall  be  held  upon  the  third  Tuesday  of  June  in 
each  year. 

§  13.  BRANCHES  TO  BE  TAUGHT.  ]  Instruction  shall  be 
given  in  the  common  schools  of  the  state  in  the  following 
branches  in  the  several  grades  in  which  each  may  be  required, 
viz:  Reading,  writing,  orthography,  arithmetic,  geopraphy, 
English  grammar,  history  of  the  United  States,  physiology  and 
hygiene,  with  special  instructions  as  to  the  nature  of  alcoholic 
drinks  and  narcotics  and  their  effect  upon  the  human  system, 
and  civil  government. 

§  14.  FORM  OF  OATH.]  All  school  district  officers  and 
directors,  before  entering  upon  the  duties  of  their  respective 
offices,  shall  take  an  oath  to  support  the  constitution  of  the 


36  REVISED  SCHOOL  LAWS — 1897. 

United  States  and  of  the  state  of  South  Dakota,  and  faithfully 
and  impartially  to  perform  the  duties  of  such  office. 

§  15.  PENALTY  FOR  DEFACING  SCHOOL  PROPERTY.]  Any 
person  who  cuts,  defaces  or  otherwise  injures  any  school  house, 
apparatus  or  outbuilding  thereof,  is  liable  to  suspension  or  ex- 
pulsion; and  on  the  complaint  of  the  teacher,  to  the  director, 
or  to  the  clerk  of  the  school  board,  the  parents  or  guardians  of 
such  pupils  shall  be  liable  for  all  damages. 

S  16.  READING  CIRCLES.]  It  shall  be  the  duty  of  the 
county  superintendeiryt&jencourage  the  formation  of  teachers' 
reading  circles  in  his^oimty. '  :  4 

§  17.  SCHOOL  DISTRICT  DEFINED.]  Any  school  district 
containing  two  or  more  schools  except  those  governed  by  the 
provisions  of  Chapter  10  relating  to  cities,  towns  and  other  in- 
dependent districts,  are  for  the  purposes  of  this  act  defined  to 
be  township  districts. 

CHAPTER  IX. 

SCHOOL  BONDS. 

§  1.  VOTE  FOR  ISSUE  OF  BONDS.  ]  Whenever  the  quali- 
fied electors  of  a  school  district  shall  at  any  uegular  or  special 
meeting  held  for  that  purpose,  vote  to  issue  school  district 
bonds  for  the  purpose  of  building  and  furnishing  a  school  house 
and  purchasing  ground  on  which  to  locate  the  same;  or  to  fund 
any  outstanding  indebtedness,  the  district  school  board  may  law- 
fully issue  such  bonds  in  accordance  with  the  provisions  of  this 
act;  Provided,  however,  that  the  question  of  issuing  bonds 
shall  not  be  submitted  to  a  vote  of  the  district  and  no  meeting 
shall  be  called  for  that  purpose  until  the  district  school  board 
shall  have  been  petitioned  in  writing «by  one-third  of  the  voters 
resident  in  said  school  district. 

§  2.  BOND  ELECTION.]  Before  the  question  of  issuing 
bonds  shall  be  submitted  to  a  vote  of  the  school  district,  notices 
shall  be  posted  in  at  least  three  (3)  public  and  conspicuous 
places  in  said  district,  stating  the  time  and  place  of  meeting, 
the  amount  of  bonds  proposed  to  be  issued  and  the  time  in 
which  they  shall  be  made  payable;  said  notices  shall  be  posted 
not  less  than  twenty  (20)  days  before  the  meeting,  and  the  vot- 
ing shall  be  done  by  means  of  written  or  printed  ballots,  and  all 
ballots  deposited  in  favor  of  issuing  the  bonds  shall  have  there- 
on the  words,  "For  issuing  bonds,"  and  those  opposed  thereto 
shall  have  thereon  the  words  ''Against  issuing  bonds;"  and  if  a 
majority  of  all  the  votes  cast  shall  be  in  favor  of  issuing  bonds, 
the  school  board,  through  its  proper  officers,  shall  forthwith 
proceed  to  issue  bonds  in  accordance  with  the  vote,  but  if  a 
majority  of  all  the  votes  cast  are  against  issuing  bonds,  then  no 
further  action  can  be  had,  and  the  question  shall  not  again  be 


REVISED  SCHOOL  LAWS— 1897.  37 

submitted  to  a  vote  for  one  year  thereafter,  except  for  a  differ- 
ent amount. 

§  3.  DENOMINATION  OF  BONDS.  ]  The  denominations  of 
the  bonds  which  may  be  issued  under  the  provisions  of  this  act 
shall  be  fifty  dollars  (150)  or  some  multiple  of  fifty,  not  exceed- 
ing two  hundred  dollars  (1200)  and  shall  bear  interest  at  the 
rate  of  not  exceeding  seven  per  cent  per  annum,  payable  semi- 
annually  in  accordance  with  interest  coupons,  which  shall  be 
attached  to  said  bonds;  and  no  greater  amount  than  one  thou- 
sand dollars  ($1,000)  can  be  issued  for  any  one  school  house 
except  in  towns  and  villages  of  more  than  three  hundred  in- 
habitants, and  in  such  districts  the  amount  shall  not  exceed 
four  per  cent  of  its  assessed  valuation  and  may  be  made  payable 
in  not  less  than  three  nor  more  than  fifteen  years  from  date,  in 
annual,  biennial  or  triennial  succession.  In  addition  to  the 
amount  that  may  be  already  assessed  under  existing  laws,  there 
shall  be  levied  upon  the  taxable  property  of  the  school  district 
so  issuing  bonds,  and  collected  as  other  taxes  are  collected,  a 
sum  sufficient,  not  exceeding  three  mills  on  the  dollar  of  as- 
sessed valuation  of  said  districts  to  pay  interest  upon  said 
bonded  indebtedness,  and  each  year  preceding  the  year  in  which 
any  annual,  biennial  or  triennial  payment  of  bonds  become  due, 
a  further  tax  not  exceeding  six  (6)  mills  upon  the  dollar  shall 
be  levied  to  meet  said  annual,  biennial  or  triennial  payments. 
This  section  shall  apply  only  to  bonded  indebtedness  incurred 
under  the  provisions  of  this  act. 

§4.  REQUIREMENTS  AS  TO  FORM.]  Whenever  any  bonds 
are  issued  under  the  provisions  of  this  act,  they  shall  be  litho- 
graphed or  printed  on  good  bond  paper  and  shall  state  upon 
their  face  the  date  of  their  issue,  the  amount  of  the  bond,  to 
whom  and  for  what  purpose  issued,  also  the  time  and  place  of 
making,  and  the  rate  of  interest  to  be  paid.  They  shall  have 
printed  upon  the  margin  the  words  ''Authorized  by  the  act  of 
the  legislative  assembly  of  the  state  of  South  Dakota,  A.  D. 
1891,"  and  upon  the  back  of  the  bonds  a  certificate  signed  by  the 
county  auditor  in  substantially  the  following  form:  "I  certify 
that  the  within  bond  is  issued  in  accordance  with  law,  and  is 
within  the  debt  limits  permitted  by  the  constitution  of  the  state 

of  South  Dakota,  and  in  accordance  with  a  vote  of 

.school  district  at  a  regular  (or  special)  meeting  on 

the day  of A.  D.  18 to 

issue  bonds  to  the  amount  of 

Dollars."  They  shall  be  signed  by  the  chairman  and  clerk  of 
the  school  board  and  shall  be  registered  and  numbered  in  a  book 
to  be  kept  by  the  clerk  for  that  purpose,  in' which  shall  be  en- 
tered the  number,  date  and  name  of  the  person  to  whom  issued, 
and  the  dates  when  the  same  shall  become  due. 


38  REVISED  SCHOOL  LAWS— 1897. 

§  5.  SINKING  FUND.  ]  In  addition  to  the  amount  that  may 
already  be  assessed  under  existing  laws,  there  shall  be  levied 
upon  the  taxable  property  of  the  school  districts  so  issuing 
bonds,  and  collected  as  other  taxes  are  collected,  a  sum  suffi- 
cient, not  exceeding  three  mills  on  the  dollar  of  assessed  valua- 
tion of  said  district  to  pay  interest  upon  such  borded  indebted- 
ness, and  after  five  years  in  like  manner  a  further  tax  not  to  ex- 
ceed six  (6)  mills  on  the  dollar  for  a  sinking  fund,  to  be  used  in 
payment  of  such  bonds  when  they  become  due,  and  for  no  other 
purpose  except  that  whenever  there  may  be  sufficient  funds  on 
hand  belonging  to  such  sinking  fund,  the  school  board  may  in 
their  discretion  purchase  any  of  its  outstanding  bonds  at  their 
market  value  and  pay  for  the  same  out  of  the  sinking  fund. 
This  section  shall  apply  only  to  the  bonded  indebtedness  incur- 
red under  prior  acts. 

§6.  SALE  OF  BONDS.  ]  Whene/er  any  bonds  shall  be  is- 
sued under  the  provisions  of  this  act,  the  school  district  treas- 
urer shall  have  authority  to  negotiate  and  sell  such  bonds  for  not 
less  than  par,  and  the  proceeds  shall  be  used  exclusively  for  the 
purpose  of  building  and  furnishing  a  school  house,  and  in  pay- 
ment for  a  site  for  the  same  and  for  necessary  buildings. 

§  7.  BONDS  A  LIEN.  ]  Bonds  issued  under  the  provisions 
of  this  act  shall  be  a  lien  upon  the  taxable  property  of  the  school 
district  issuing  them,  and  when  any  school  board  neglects  or  re- 
fuses to  levy  a  tax  in  accordance  with  law  to  meet  any  outstand- 
ing bonds  or  interest  thereon,  the  county  auditor  shall  have 
power  to  levy  such  tax,  and  when  collected  to  apply  the  pro- 
ceeds to  the  payment  of  such  coupons  and  bonds. 

§  8.  CANCELLATION  OF  BONDS.  ]  Whenever  the  bonds  of 
any  school  district  shall  have  been  reduced  by  the  school  board, 
they  shall  be  cancelled  by  writing:  or  printing  in  red  ink  the 
words  "cancelled  and  paid"  across  each  bond  and  coupon,  and 
the  date  of  payment  and  the  amount  paid  shall  be  entered  in  the 
clerk's  register  against  the  proper  number  of  bond  and  the  bonds 
so  cancelled  shall  be  filed  in  the  office  of  the  district  treasurer, 
until  all  the  outstanding  bonds  are  paid,  when  they  shall  be  de- 
stroyed in  the  presence  of  the  full  board. 

§  9.  CONTRACT  FOR  BUILDING  SCHOOL  HOUSE.  ]  When- 
ever any  school  house  is  built  with  funds  provided  in  the  man- 
ner herein  authorized,  the  school  board  shall  advertise  at  least 
thirty  (30)  days  in  some  newspaper  printed  in  the  county,  or 
by  posting  notices  for  the  same  length  of  time  in  at  least  three 
of  the  most  public  and  conspicuous  places,  if  no  newspaper  is 
published  in  the  county,  for  sealed  proposals  for  building  and 
furnishing  such  school  house  in  accordance  with  plans  and 
specifications  which  shall  be  furnished  by  the  school  board,  re- 
serving the  right  to  reject  any  and  all  bids,  and  if  any  of  the 
proposals  shall  be  reasonable  and  satisfactory  said  board  shall 


REVISED  SCHOOL  LAWS— 1897.  39 

award  the  contract  to  the  lowest  responsible  bidder,  and  shall 
require  of  such  contractor  a  bond  in  double  the  amount  of  the 
contract,  conditioned  that  he  will  properly  account  for  all 
money  and  property  of  the  school  district  that  may  come  into 
his  hands,  and  that  he  will  perform  the  conditions  of  his  con- 
tract in  a  faithful  manner  and  in  accordance  with  its  provisions, 
and  in  case  all  the  proposals  shall  be  rejected,  said  board  shall 
advertise  anew  in  the  same  manner  as  before  and  until  a  rea- 
sonable bid  shall  be  submitted;  Provided,  however,  that  no 
member  of  the  district  school  board,  clerk  or  treasurer,  shall 
be  interested  directly  or  indirectly  in  any  contract  for  building 
or  furnishing  any  school  house  provided  for  in  this  act. 

§  10.  APPLICATION  OF  THIS  ACT.]  The  provisions  of 
this  act  shall  be  applicable  to  and  authorize  the  issue  of  bonds 
by  such  school  districts  as  have  already  built  school  houses  and 
issued  orders  or  warrants  therefor,  and  any  school  district  may 
vote  to  bond  the  indebtedness  incurred  by  reason  of  building 
and  furnishing  school  houses,  or  to  refund  any  bonded  indebt- 
edness. 

CHAPTER  X. 

CITIES,  TOWNS  AND  OTHER  INDEPENDENT  DISTRICTS. 

§  1.  LAW  WHERE  IN  FORCE.]  All  cities  now  organized 
or  hereafter  to  be  organized  under  the  general  act  to  provide 
for  the  incorporation  of  cities,  shall  be  governed  by  the  pro- 
visions of  this  act;  Provided,  that  any  city,  town  or  village  now 
organized  under  a  special  act,  either  for  civil  government  or 
educational  purposes,  may  at  any  time  adopt  the  provisions  of 
this  act  by  a  majority  vote  of  the  electors;  Provided  further, 
that  any  town  or  village  having  a  population  of  one  hundred 
inhabitants  or  over  within  a  radius  of  one  mile  of  the  center 
may  adopt  the  provisions  of  this  chapter.  In  such  cases  the 
county  superintendent  shall,  upon  petition  of  a  majority  of  the 
legal  voters  within  the  proposed  district,  call  the  first  election 
therefor  by  posting  notices  in  not  less  than  three  of  the  most 
public  places  in  the  district  or  districts  in  which  the  said  town 
or  village  is  situated.  Said  notice  shall  contain  a  full  descrip- 
tion of  the  boundaries  of  the  proposed  district,  and  also  the 
time  and  place  of  holding  the  election.  If  a  majority  of  the  vot- 
ers in  the  district  or  districts  in  which  the  said  town  or  village 
is  situated  shall  vote  for  the  incorporation  of  said  town  or  vil- 
lage as  a  corporation  for  school  purposes,  then  it  shall  be  con- 
sidered as  authorized,  and  the  county  superintendent  shall, 
without  delay,  publish  notices  for  an  election  of  officers  for  said 
corporation. 

§  2.  COMMITTEE  OF  ARBITRATION.  ]  Whenever  a  new  cor- 
poration is  authorized  as  provided  in  Section  one  ( 1 )  of  this  chap- 


40  REVISED  SCHOOL  LAWS  —  1897. 

ter,  the  county  superintendent,  the  president  of  the  board  of 
education  of  the  district  thus  organized,  and  the  chairman  of 
the  school  districts  affected  by  the  organization  of  the  new  dis- 
trict, shall  constitute  a  committee  of  arbitration  for  the  pur- 
pose of  adjusting  all  property  interested  between  the  new  cor- 
poration and  the  district  or  districts  affected  by  its  formation. 
The  title  to  all  real  property  granted  to  the  new  corporation  by 
the  committee  of  arbitration  shall  be  made  over  to  the  said  cor- 
poration or  corporations  in  which  it  was  previously  vested  upon 
order  of  the  said  committee.  And  all  personal  property  granted 
to  the  said  new  corporation  by  the  committee  shall  be  delivered 
to  the  proper  officers  by  those  having  it  in  charge  upon  demand 
accompanied  by  the  order  of  the  committee.  It  shall  be  the 
duty  of  the  county  superintendent  to  tile  with  the  county  aud- 
itor a  correct  plat  showing  the  adjustment  of  district  bound- 
aries in  consequence  of  the  formation  and  organization  of  a  dis- 
trict as  above  provided. 

§  3.  A  FREE  SYSTEM  OF  SCHOOLS.]  Each  corporation 
organized  under  this  chapter,  shall  establish  and  maintain  a 
system  of  free  common  schools,  which  shall  be  kept  open  not 
less  than  six  nor  more  than  ten  months  in  any  one  year  and 
shall  be  free  to  all  children  of  legal  school  age  residing  within 
such  corporation. 

§  4.  ADJACENT  TERRITORY  —  HOW  ATTACHED.  ]  Territory 
outside  of  the  limits  of  any  organized  city,  town  or  village,  but 
adjacent  thereto,  may  be  attached  to  such  city,  town  or  village 
for  school  purposes  under  the  following  conditions: 

First.  Application  for  such  change  must  be  made  by  a 
majority  of  the  electors  of  such  adjacent  territory  by  written 
>etition. 

Second.  Upon  receipt  of  such  petition,  the  county  super- 
mdent  shall  call  a  committee  to  decide  upon  granting  .or  re- 
the  petition,  said  committee  consisting  of  himself,  the 
nt  of  the  board  of  education,  and  the  chairman  of  the 
board  of  the  district  in  which  the  petitioners  re- 


The committee  shall  consider  the  interests  of  the 
two  c^ljporatjons  concerned,  the  convenience  of  the  petitioners 
and  the^peimlanent  school  interest,  and  if  they  deem  it  proper, 
shall  graniJt]2|7  petition  and  issue  an  order  authorizing  the  at- 
taching <5iX^S4«njritory  to  the  city,  town  or  village  to  which  it 
[is]  adjacem-Nanchs|jecify  in  such  order  to  what  ward  or  wards 
such  territory<£harljA>elong  for  all  purposes;  Provided,  that 
when  territory  rt^s  b3<m>attached  prior  hereto  the  board  of  edu- 
cation shall  at  any^egu^r  meeting  determine  to  what  ward  of 
[or]  wards  such  teiatitorC^hall  belong  for  all  school  purposes. 
Fourth.  The  committee  shall  also  have  power  to  adjust  all 
property  interests  invmWd  in  the  change  which  concern  the 


REVISED  SCHOOL  LAWs80xt  41 


two  corporations  interested.  Before  the  issu£>ncd$bf  an  order 
authorizing  the  change  they  shall  make  an  equable  S^ustment 
of  any  question  of  indebtedness  involved.  ^±  O* 

Fifth.  A  record  of  the  decisions  of  the  conimitteeishall 
be  transmitted  to  the  clerk  of  the  school  board  and  t^teboard  of 
education  interested  and  a  copy  forwarded  to  the  off 
county  auditor  by  the  superintendent  upon  ratification  ^ 
tion  of  the  committee  by  the  district  school  board 
board  of  education.  y^ 

Sixth.  Such  territory  shall  from  the  date  of  the  order  aur 
thorizing  its  attachment,  be  considered  a  part  of  the  corpora 
tion  of  said  city,  town  or  village;  Provided,  that  such  order 
shall  not  be  issued  until  after  the  actions  and  decisions  of  the 
committee  are  ratified  by  the  board  of  education  and  the  dis- 
trict  school  board.  The  taxable  property  of  such  adjacent  ter- 
ritory shall  be  subject  to  taxation  and  bear  its  proportion  of  all 
expenses  incurred  in  the  erection  of  school  buildings  and  main- 
taining the  schools  of  such  corporation;  Provided,  that  terri- 
tory more  than  two  miles  from  the  limit  of  such  city,  town  or 
independent  district,  shall  not  be  considered  adjacent  territory 
to  which  the  provisions  of  this  section  may  apply,  unless  the 
electors  of  such  territory  shall  unanimously  petition  to  be  thus 
attached  and  considered  as  adjacent  territory;  Provided,  fur- 
ther, that  where  an  independent  school  district  of  any  corpor- 
ated  city,  or  town  is  situated  so  near  the  center  of  a  civil  town- 
ship as  to  leave  a  fraction  of  said  civil  township  impracticable  or 
inconvenient  for  school  purposes  after  attaching  adjacent  ter- 
ritory to  said  independent  school  district  to  the  two-mile  limit  as 
provided  by  law,  then  in  that  case  the  committee  provided  for 
in  this  may  upon  the  petition  of  a  majority  of  the  electors  of 
such  civil  township  attach  the  surrounding  territory  and 
make  the  independent  district  to  comform  to  the  civil  township 
line,  for  school  purposes  only. 

§  5.  SHALL  BE  A  CORPORATION.  ]  Every  district  organ- 
ized under  the  provisions  of  this  chapter  shall  be  a  body 
corporate,  and  shall  possess  the  usual  powers  of  corporations 
for  public  school  purposes,  and  may  sue  and  be  sued,  and  be 
capable  of  contracting  and  being  contracted  with,  and  of  taking 
and  holding  any  land  for  a  school  site,  not  exceeding  two  acres, 
chosen  by  the  board  of  education  at  a  regular  meeting  of  said 
board,  and  in  case  the  owner  or  owners  of  said  land,  or  any 
part  thereof,  shall  refuse  or  neglect  to  grant  such  site  to  the 
district,  then  said  district  shall  have  power  to  take  such  land 
for  said  site  in  the  manner  provided  by  law  for  the  taking  of 
private  property  for  public  use.  And  shall  have  power  to  hold 
and  convey  such  personal  or  real  property  as  it  may  at  any 
time  possess.  All  actions  brought  by  or  against  such  corpora- 
tion shall  be  in  the  name  of  the  board  of  education  of  the  city, 


42  REVISED  SCHOOL  LAWS — 1887 


town  or  village  (as  the  case  may  be)  of  the  county  of  the  State 
of  South  Dakota. 

§  6.  CONVEYANCES  OP  PROPERTY.  ]  All  conveyances  of 
property  in  cities  and  incorporated  towns  mentioned  in  the 
preceding  section,  shall  be  signed  by  the  mayor  of  said  civil 
corporation  and  attested  by  the  clerk,  and  shall  have  the  seal 
of  the  corporation  affixed  thereto,  and  be  acknowledged  by  the 
mayor  in  the  same  manner  as  other  conveyances  of  real  estate. 

§  7.  A  BOARD  OF  EDUCATION.  ]  When  any  city  or  town 
is  divided  into  wards,  at  each  annual  city  election  there  shall  be 
elected  a  board  of  education  consisting  of  two  members  from 
each  ward  who  shall  be  elected  by  the  qualified  voters  thereof; 
one  of  whom  shall  be  elected  annually  and  shall  hold  his  office 
for  the  term  of  two  years  and  until  his  successor  is  elected  and 
qualified;  Provided,  that  at  the  first  election  under  this  act,  two 
members  shall  be  elected  from  each  ward,  one  of  whom  shall 
hold  office  until  the  next  annual  election,  and  the  other  until 
the  second  annual  election;  Provided,  that  in  all  corporations 
not  organized  as  cities  and  in  all  cities  and  towns  not  divided  into 
wards,  there  shall  be  elected  as  many  members  of  the  board  of 
education  as  there  are  members  of  the  township  board  or  board 
of  trustees  to  be  elected  at  the  same  time  and  places  and 
for  like  terms;  there1  shall  also  be  elected  at  the  first  election 
held  under  the  provisions  of  this  act  in  such  cities  and  towns, 
one  member  of  such  board  of  education  who  shall  be  voted  for 
by  the  qualified  electors  at  large  in  such  city  or  town  and  shall 
hold  his  office  for  two  years  or  until  his  successor  is  elected  and 
qualified.  In  all  cases  where  there  is  no  organization  for  civil 
government,  there  shall  be  three  members  of  the  board,  one  of 
whom  shall  be  elected  annualy;  Provided,  further,  that  no 
member  of  the  city  council  shall  be  a  member  of  the  board  of 
education. 

§  8.  POWER  TO  FILL  VACANCY.  J  The  board  of  education 
shall  have  power  to  fill  any  vacancy  which  may  occur  in  their 
body;  Provided,  that  any  vacancy  occurring  not  more  than 
thirty  [days]  previous  to  the  annual  election  shall  be  filled  at  the 
first  annuall  election  thereafter. 

§  9.  SHALL  MAINTAIN  AND  CONTROL  SCHOOLS.]  The 
board  of  education  shall  have  power  to  organize  and  maintain 
a  system  of  graded  schools,  to  establish  a  high  school  when- 
ever, in  their  opinion,  the  interests  of  the  school  corporation 
demand  the  same,  and  to  exercise  sole  control  over  the  schools 
and  school  property  of  the  corporation. 

§  10.  ORGANIZATION — HOW  MADE.]  The  board  of  edu- 
cation at  its  regular  meeting  in  April  of  each  year  shall  organ- 
ize by  the  election  of  a  president  and  vice  president,  each  of 
•whom  shall  serve  for  a  term  of  one  year,  and  they  shall  also 
elect  a  clerk  not  a  member  of  the  board  who  shall  receive  such 


kftfa 


REVISED  SCHOOL  LAWS— 1897.  43 

compensation  for  his  services  as  the  board  may  allow;  Pro- 
vided, that  in  districts  newly  organized  under  this  act  the  board 
shall  within  twenty  days  after  their  election,  proceed  to  organ- 
ize and  elect  officers  as  aforesaid  who  shall  serve  until  the  time 
of  the  regular  meeting  in  April  following. 

§  11.  DUTIES  OF  PRESIDENT  AND  CLERK.]  It  shall  be 
the  duty  or  the  president  to  appoint  all  committees  and  to  coun- 
tersign all  warrants  drawn  upon  the  treasury  for  school  mon- 
eys. It  shall  be  the  duty  of  the  clerk  to  be  present  at  all  meet- 
ings of  the  board,  keep  an  accurate  journal  of  its  proceedings, 
take  charge  of  its  books  and  documents,  sign  all  warrants  for 
school  money  and  perform  such  other  duties  as  the  board  may 
require.  Before  entering  upon  the  discharge  of  his  duties  the 
clerk  of  the  board  of  education  shall  give  a  bond  in  a  sum  to  be 
fixed  by  the  board,  not  less  than  five  hundred  dollars,  with  good 
and  sufficient  sureties  to  be  approved  by  the  board. 

§  12.  TAX  LEVY.  ]  The  board  of  education  shall,  on  or 
before  the  fifteenth  day  of  August  of  each  year,  levy  a  tax  for 
the  support  of  the  schools  of  the  corporation  for  the  fiscal  year 
next  ensuing,  not  exceeding  in  any  one  year  thirty  mills  on  the 
dollar  on  all  personal  and  real  property  within  the  district 
which  is  taxable  according  to  the  laws  of  the  state,  and  which 
levy  the  clerk  of  the  board  of  education  shall  certify  to  the 
county  clerk,  who  is  hereby  authorized  and  required  to  place 
the  same  on  the  tax  roll  of  said  county  to  be  collected  by  the 
treasurer  of  the  county  as  other  taxes  of  the  county  and  paid 
over  by  him  to  the  treasurer  of  the  board  of  education,  of  whom 
he  shall  take  a  receipt  in  duplicate,  one  of  which  he  shall  file  in 
his  office  and  the  other  he  shall  transmit  to  the  clerk  of  the 
board  of  education. 

§  13.  TREASURER — HOW  CHOSEN — BOND  OF — DUTIES.] 
At  the  annual  municipal  election  there  shall  be  elected  mem- 
bers of  the  board  of  education  provided  for  herein  and  a  treas- 
urer of  the  board  of  education.  The  treasurer  shall  be  elected 
each  year,  to  hold  for  one  year,  or  until  his  successor  is  elected 
and  qualified.  Any  vacancy  in  the  office  of  treasurer  shall  be 
filled  by  the  board  of  education  by  appointment;  such  ap- 
pointee shall  not  be  a  member  of  said  board.  The  treasurer 
shall  execute  a  bond  in  such  sum  as  that  body  may  require  with 
sufficient  sureties  to  be  approved  by  the  board,  conditioned  for 
the  faithful  discharge  of  his  duties  as  treasurer  of  such  board. 
He  shall  prepare  and  submit  in  writing  a  monthly  report  of  the 
state  of  the  finances  of  the  corporation,  and  shall  when  re- 
quired produce  at  any  meeting  of  the  board  all  books  and  pa- 
pers pertaining  to  his  office.  He  shall  pay  money  only  upon 
a  warrant  signed  by  the  president,  or  in  his  absence  the  vice 
president,  and  countersigned  by  the  clerk. 


44  REVISED  SCHOOL  LAWS — 1897. 

§  14.  TAXABLE  PROPERTY.  ]  The  taxable  property  of  the 
whole  corporation,  including  the  territory  attached  for  school 
purposes,  shaJl  be  subject  to  taxation. 

§15.  REGULAR  MEETINGS.]  The  regular  meetings  of  the 
board  of  education  shall  be  upon  the  last  Friday  of  each  month, 
but  special  meetings  may  be  held  from  time  to  time  as  circum- 
stances may  demand. 

§  16.  REPORT  OP  CLERK.  ]  The  clerk  of  the  board  of  ed- 
ucation at  the  close  of  each  school  year  shall  make  an  annual 
report  of  the  progress,  prosperity  and  condition,  financial  as  well 
as  educational,  of  all  the  schools  of  the  corporation,  a  copy  of 
which  shall  be  sent  to  the  county  superintendent.  Said  report 
or  such  portion  of  it  as  the  board  of  education  shall  consider  ad- 
vantageous to  the  public  shall  be  printed  in  a  public  newspaper 
or  in  pamphlet  form. 

§  17.  CONTRACTS.  ]  No  expenditures  involving  an  amount 
greater  than  one  hundred  dollars  shall  be  made  except  in  accord- 
ance with  the  provisions  of  a  written  contract,  and  no  contract 
involving  an  expenditure  of  more  than  five  hundred  dollars  for 
the  purpose  of  erecting  any  public  buildings  or  making-  any  im- 
provement shall  be  made  except  upon  sealed  proposals  and  to 
the  lowest  responsible  bidder. 

§  18.  MAY  READ  BIBLE.  ]  No  sectarian  doctrine  shall  be 
taught  or  inculcated  in  any  of  the  schools  of  the  corporation; 
but  the  Bible  without  sectarian  comment  may  be  read  therein. 

§  19.  BONDS — HOW  ISSUED.  ]  Whenever  it  shall  become 
necessary  in  order,  to  raise  sufficient  funds  for  the  purchase  of  a 
school  site  or  sites,  to  erect  suitable  building  or  buildings  there- 
on, or  to  fund  a  bonded  indebtedness,  it  shall  be  lawful  for  the 
board  of  education  of  every  corporation  coming  under  the  pro- 
visions of  this  act  to  borrow  money,  for  which  they  are  hereby 
authorized  and  empowered  to  issue  bonds  bearing  a  rate  of  in- 
terest not  exceeding  seven  per  cent  per  annum,  payable  annu- 
ally or  semi-annually,  at  such  place  as  may  be  mentioned  upon 
the  face  of  said  bond,  which  bonds  shall  be  payable  in  not  more 
than  twenty  years  from  their  date;  and  the  board  of  education 
is  hereby  authorized  and  empowered  to  sell  such  bonds  at  not 
less  than  par;  Provided,  that  no  bonds  shall  be  issued  until  the 
question  shall  be  submitted  to  the  people  and  a  majority  of  the 
qualified  electors  who  shall  vote  on  the  question  at  an  election 
called  for  that  purpose  shall  have  declared  by  their  votes  in  fa- 
vor of  issuing  such  bonds. 

§  20.  BOND  ELECTION.  ]  It  shall  be  the  duty  of  the  mayor 
of  such  city  or  town  upon  request  of  the  board  of  education,  to 
call  an  election  to  be  conducted  in  all  respects  as  are  the  elec- 
tions for  city  or  town  officers,  in  the  same  corporations  (except 
that  the  returns  shall  be  made  to  the  board  of  education),  for 
the  purpose  of  taking  the  sense  of  such  corporation  upon  the 


REVISED  SCHOOL  LAWS — 1897.  45 

question  of  issuing  such  bonds,  naming  in  the  proclamation  of 
such  election  the  amount  of  bonds  asked  for  and  the  purpose  for 
which  they  are  to  be  issued;  Provided,  that  where  the  corpora- 
tion is  not  organized  for  civil  government,  the  board  of  educa- 
tion may  call  and  conduct  the  election  provided  for  in  this  sec- 
tion. 

§  21.  SHALL  SIGN  BONDS.]  The  bonds,  the  issuing  of 
which  is  provided  for  in  the  foregoing  section,  shall  be  signed 
by  the  president  attested  by  thQ  clerk,  and  countersigned  by 
the  treasurer  ^fe<i  SSoS€^IftJ*0*^ 

specify  the  rate  of  interest  and  the  time«ib&l  the  principal  an 
interest  shall  §£&<&d,  ©fe^JCM^^tt^^ 
not  less  than  fifty  (50)  dollars^  but  no  corporation  shall  issue 
bonds  in  pursuance  of  this  act  in  any  sum  greater  than  three 
per  cent  of  its  assessed  valuation. 

§  22.  BOND  INTEREST.]  The  board  of  education  at  the 
time  of  its  annual  levy  of  taxes  for  the  support  of  schools  as 
herein  provided,  shall  also  levy  a  sufficient  amount  to  pay  the 
interest  as  the  same  accrues  on  all  bonds  issued  under  the  pro- 
visions of  this  chapter,  and  also  to  create  a  sinking  fund  for  the 
redemption  of  said  bonds  which  it  shall  levy  and  collect  in  addi- 
tion to  the  rate  per  cent  authorized  by  the  provisions  aforesaid 
for  school  purposes,  and  said  amount  of  funds  when  paid  into 
the  treasury  shall  be  and  remain  a  specific  fund  for  said  pur- 
pDse  only  and  shall  not  be  appropriated  in  any  other  way  except 
as  hereinafter  provided. 

§  23.  SINKING  FUND.  ]  All  money  raised  for  the  purpose 
of  creating  a  sinking  fund  for  the  final  redemption  of  all  bonds 
issued  under  the  provisions  of  this  chapter  shall  be  invested  an- 
nually by  the  board  of  education  in  bonds  of  the  state  of  South 
Dakota  or  of  the  United  States,  or  the  board  may  buy  and  can- 
cel the  bonds  of  the  district  whenever  such  may  be  purchased 
at  or  below  par. 

§  24.  PAYMENT  OF  INTEREST.]  Whenever  the  interest 
coupons  of  the  bonds  hereinbefore  authorized  shall  become  due 
they  shall  be  promptly  paid  by  the  treasurer,  upon  presenta- 
tion, out  of  money  in  his  hands  collected  for  that  purpose,  and 
he  shall  endorse  upon  the  face  of  such  coupons  in  red  ink  the 
word  "paid"  and  the  dale  of  payment,  and  sign  the  initials  of 
his  name. 

§  25.  PAYMENT  PLEDGED.  ]  The  school  fund  and  prop- 
erty of  such  civil  corporation  and  territory  attached  for  [school] 
purposes  is  hereby  pledged  to  the  payment  of  the  principal  and 
interest  of  the  bonds  mentioned  in  this  chapter  as  the  same  may 
become  due. 

§  26.  BOND  AND  WARRANT  REGISTER.]  It  shall  be  the 
duty  of  the  clerk  of  the  board  of  education  to  register  in  a  book 
provided  for  that  purpose  the  bonds  issued  under  the  provisions 


46  REVISED  SCHOOL  LAWS — 1897. 

of  this  chapter,  and  all  warrants  issued  by  the  board,  which 
registration  shall  show  the  number,  date  and  amount  of  said 
bonds  and  warrants  and  to  whom  made  payable. 

§  27.  OFFICIAL  OATH  AND  BOND.  ]  Each  member  of  the 
board  of  education  and  officer  provided  for  in  this  chapter  shall 
take  and  subscribe  an  oath  or  affirmation  to  support  the  consti- 
tution of  the  United  States,  the  state  of  South  Dakota,  and  faith- 
fully to  perform  the  duties  of  his  office.  The  oath  and  bond  of 
the  clerk  shall  be  filed  with  the  treasurer.  All  other  oaths  and 
bonds  shall  be  filed  with  the  clerk,  but  the  clerk  shall  immedi- 
ately notify  the  county  auditor  and  county  superintendent  of 
the  filing  of  such  oath  and  bond.. 

§  28.  EXAMINATION  OF  TEACHERS.  ]  The  county  super- 
intendent, together  with  the  principal  or  superintendent  of 
schools  of  all  independent  districts  employing  such  officer  and 
in  such  independent  districts  as  do  not  employ  such  an  officer, 
the  county  superintendent  alone,  shall  examine  all  teachers 
employed  to  teach  in  the  schools  of  any  city,  town  or  other  in- 
dependent district,  the  same  as  other  teachers  of  the  county  are 
examined  except  as  hereinafter  provided.  In  no  case  shall  any 
teacher  be  employed  to  teach  in  such  schools  who  does  not  hold 
a  certificate  issued  as  above  provided,  or  a  state  certificate  or  a 
state  diploma,  and  any  contract  made  contrary  to  the  above  is 
hereby  declared  void.  The  above  section  shall  be  construed  as 
giving  the  superintendent  of  schools  of  any  city  or  town  advi- 
sory power  in  the  examination  of  teachers  for  his  school,  and 
he  may  add  such  questions  as  he  may  deem  wise  to  use  in  the 
examination  in  order  to  test  the  qualifications  of  teachers  for 
any  particular  grade  or  special  work.  The  board  of  education 
in  cities  of  the  first  class  at  such  time  as  they  shall  deem  ex- 
pedient, shall  elect  a  superintendent  of  schools,  in  no  case  a 
member  of  their  own  body,  whose  duty  it  shall  be  to  have  a 
general  supervision  of  the  schools  of  the  corporation,  subject 
to  the  rules  and  regulations  of  the  board,  who  shall  hold  his 
office  during  the  pleasure  of  the  board  and  shall  receive  such 
compensation  as  the  board  may  allow.  The  board  shall  also  ap- 
point two  competent  persons,  who  with  the  superintendent  as 
chairman  shall  be  styled  the  examining  committee  of  the  board 
of  education,  whose  duty  it  shall  be  to  examine  all  persons  who 
may  apply  to  them  as  teachers;  and  no  person  except  one  who 
holds  a  state  certificate  or  state  diploma  shall  be  elected  by  the 
board  as  teacher  who  cannot  produce  a  certificate  from  the  ex- 
amining committee  signed  by  all  or  a  majority  of  them,  and 
setting  forth  that  the  holder  is  competent  to  teach  in  such  de- 
partments of  the  public  schools  as  may  be  stated  in  the  certifi- 
cate and  is  a  person  of  good  moral  character;  Provided,  no 
teacher  who  holds  a  certificate  issued  under  this  section  is  ex- 
cused from  the  county  institute;  Provided  further,  that  the  city 


REVISED  SCHOOL  LAWS— 1897.  47 

superintendent  shall  have  power  to  revoke  the  certificates,  is- 
sued by  the  examining  committee  of  which  he  is  chairman,  of 
those  persons  who  do  not  attend  the  county  institute. 

§  29.  BALLOT  BOXES  TO  BE  PROVIDED.]  For  the  pur- 
pose of  the  election  provided  in  this  act,  there  shall  be  provided 
at  each  polling  place  a  ballot  box  separate  and  distinct  from 
the  ballot  box  used  for  the  city  election,  in  which  shall  be  de- 
posited all  ballots  cast  by  the  voters  at  such  school  election. 
The  polling  places  shall  be  so  arranged  as  to  permit  all  persons 
entitled  to  vote  at  such  school  election  free  access  to  the  same 
for  the  purpose  of  voting. 

Sec.  30.  ERROR  IN  TAX  LIST.  ]  Whenever  an  error  occurs 
in  any  school  corporation  or  district  tax  list,  the  board  of  coun- 
ty commissioners  may  correct  and  refund  such  improper  collec- 
tion of  school  taxes  the  same  as  for  other  county  taxes. 

§  31.  REPEAL.]  All  acts  and  parts  of  acts  relating  to 
education,  passed  prior  to  January  1,  1897,  (except  special  acts 
relating  to  schools  in  cities,  towns  and  villages,  and  also  to  in- 
dependent districts  created  by  special  acts)  are  hereby  repealed. 

Approved  March  10,  1897. 


CHAPTER  58. 

[S.  B.  95.] 

PROVIDING    FOR  APPOINTMENT    AND    DEFINING    POWERS  AND 
DUTIES  OF  REGENTS  OF  EDUCATION. 

AN  ACT  to  Provide  for  the  Appointment  of  a  Board  of  Reg-ents,  to  Fix  the 
Number  of  Regents,  and  Their  Term  of  Office,  and  to  Define  Their  Du- 
ties and  Powers  in  the  Control  of  the  Educational  Institutions  Sus- 
tained Either  Wholly  or  in  Part  by  the  State  of  South  Dakota. 

Be  it  Enacted  by  the  Legislature  of  the  State  of  South  Dakota: 

§  1.  APPOINTMENT  BY  THE  GOVERNOR  AND  SENATE.] 
As  soon  as  practicable  after  the  passage  of  this  act  and  before 
the  first  day  of  March,  one  thousand  eight  hundred  and  ninety- 
seven  (1897),  the  governor,  by  and  with  the  consent  of  the 
senate,  shall  appoint  five  persons  of  probity  and  wisdom 
from  among  the  best  and  the  best  known  citizens,  residents  of  dif- 
ferent portions  of  the  state,  none  of  whom  shall  reside  in  the 
counties  in  which  any  of  the  state  educational  institutions  are 
located,  who  shall  constitute  a  board  to  be  designated  the  re- 
gents of  education;  Provided,  that  in  all  appointments  to  the 
regency  of  education  the  persons  selected  shall  be  of  the  dif- 
ferent political  parties  existing  at  the  time  sijch  appointments 
are  made. 


48  REVISED  SCHOOL  LAWS— 1897. 

§  2.  TERMS  OF  OFFICE.]  One  of  the  persons  so  appoint 
ed  shall  hold  office  until  January  first,  eighteen  hundred  and 
ninety-nine  (1899),  and  two  (2)  until  January  first,  nineteen 
hundred  and  one  (1901),  and  two  (2)  until  January  first,  nine- 
teen hundred  and  three  (1903),  as  the  governor  shall  indicate 
in  his  nomination,  and  all  full  appointments  at  and  after  the 
expiration  of  any  of  these  terms  shall  be  for  six  years,  it  being 
the  intention  of  this  act  that  all  expirations  of  these  terms  shall 
occur  on  the  first  day  of  January  of  each  odd  or  legislative 
year,  or  as  soon  thereafter  as  their  successors  are  chosen  and 
qualified;  Provided,  that  all  full  appointments  thereafter  must 
be  made  before  the  first  day  of  February  of  the  regular  biennial 
legislative  year. 

§  3.  VACANCIES— HOW  FILLED.  ]  In  case  a  regent  of  ed- 
ucation shall  die,  resign,  remove  from  the  state  or  for  any 
other  reason  vacate  his  office,  or  become  permanently  disquali- 
fied from  performing  its  duties,  the  governer  of  the  state  shall 
fill  the  vacancy  by  suitable  and  prompt  appointment,  and 
such  appointee  shall  be  clothed  with  full  authority  as  a  regent, 
but  his  term  of  service  shall  cease  and  expire  with  the  next  leg- 
islative session  unless  sooner  confirmed  by  the  senate.  But  the 
governor  shall  not  have  power  to  fill  any  vacancies  caused  by 
the  refusal  of  the  senate  to  confirm,  nor  vacancies  caused  by 
his  own  neglect  to  nominate  to  the  senate  in  time  for  confir- 
mation. 

§  4.  QUALIFICATION  AND  ORGANIZATION.  ]  Immediately 
upon  the  appointment  and  confirmation  of  the  first  five  (5) 
persons  above  named  in  section  one  (1)  of  this  act  the  gov- 
ernor shall  summon  them  to  assemble  forthwith  at  the  capital 
of  the  state,  whereupon  each  shall  take  an  oath  before  a 
proper  officer  to  support  the  constitution  of  the  United  States 
and  of  this  state  and  to  perform  his  duties  as  a  regent  of  edu- 
cation to  the  best  of  his  ability. 

As  soon  as  they  are  thus  properly  qualified  they  shall  or- 
ganize by  electing  one  of  their  number  president  and  by  the 
election  of  a  secretary.  Thus  qualified  and  organized  they 
shall  have  authority  to  make  such  rules  as  are  necessary  for 
their  own  government  as  a  board  and  they  shall  immediately 
assume  the  exclusive  control  and  management  of  all  the  educa 
tional  institutions  which  are  maintained  either  wholly  or  in  part 
by  the  state,  and  at  once,  thereupon  the  terms  of  office  and  all 
authority  of  all  boards  or  persons,  of  whatsoever  name,  hereto- 
fore charged  with  this  duty,  shall  cease  and  expire. 

All  persons  subsequently  appointed  as  regents  shall  each 
subscribe  to  a  like  oath  of  office  before  taking  their  seats,  and 
all  oafchs  of  office  of  the  regents  of  education  shall  be  duly  filed 
with  the  secretary  of  state. 


REVISED  SCHOOL  LAWS — 1897.  49 

§  5.  APPOINTMENT  OF  COMMITTEES.  ]  To  facilitate  their 
work,  the  regents  of  education  shall  have  power  to  appoint 
of  their  own  members  such  committees  as  seem  desirable,  but 
they  shall  appoint  a  standing  committee  of  regents  for  each  in- 
stitution under  their  control,  whose  chairman  may  be  charged 
by  them,  and  under  their  rules,  with  certain  executive  duties 
in  connection  with  the  institution  for  which  he  was  apppointed, 
and  which  may  need  attention  during  the  interim  of  board 
meetings.  They  are  also  empowered  to  employ  a  competent 
Stenographer  and  bookkeeper. 

§  6.  MEETINGS,  QUORUM,  ETC.]  The  regents  of  educa- 
tion shall  hold  two  (2)  regular  meetings  each  year,  one  to  be 
known  as  the  annual  meeting,  and  one  as  the  semi-annual  meet- 
ing, at  such  stated  times  as  shall  best  subserve  the  interests  of 
the  institutions  under  their  control.  Extra  meetings  may  also 
be  held  in  case  of  weighty  emergency  on  the  call  of  the  presi- 
dent or  by  joint  request  of  a  majority  of  the  members,  due  and 
reasonable  notice  always  being  given.  Three  regents  shall 
constitute  a  quorum  for  doing  business,  but  two  may  adjourn 
from  day  to  day. 

§  7.  ABSENCES.  ]  The  failure  of  any  regent  to  attend  two 
successive  regular  meetings  as  herein  provided,  may  be  con- 
strued by  the  governor  as  a  resignation  and  he  may  proceed  to 
fill  the  vacancy  unless  such  absences  were  on  account  of  tem- 
porary disabling  sickness  or  other  equally  valid  reason  ac- 
cepted by  the  regents  at  their  next  meeting. 

§  8.  GENERAL  POWERS  AND  DUTIES.  ]  The  regents  of  ed- 
ucation, qualified  and  organized  as  prescribed  in  Section  four 
(4)  of  this  act,  shall  become,  and  they  and  their  successors  in 
office  shall  continue  to  be  a  legal  corporation,  or  body  corpor- 
ate, with  power  to  sue  and  be  sued,  to  hold  and  manage  fully, 
for  the  purposes  for  which  these  educational  institutions  were 
established,  any  property  belonging  to  said  institutions,  col- 
lectively or  severally,  or  of  which  they  shall  in  any  manner  be- 
come possessed;  and  all  previous  boards  and  persons  having 
had  custody  of  said  property,  or  control  of  said  institutions, 
shall,  at  once,  turn  over  the  same  together  with  all  papers,  rec- 
ords, contracts  or  other  archives  belonging  to  said  institutions 
to  the  said  regents  of  education. 

§  9.  AUTHORITY  TO  MAKE  CONTRACTS  AND  TO  EXPEND 
MONEYS.]  The  regents  of  education  as  a  corporation  shall 
have  power  to  make  contracts  for  service,  for  the  erection 
of  buildings  and  for  the  purchase  of  all  lands,  materials  and 
supplies  needed;  and  in  the  carrying  out  of  such  contracts  they 
shall  have  power  to  expend  moneys,  to  exact  and  collect  penal- 
ties and  to  purchase  or  sell  property  within  the  limitations  of 
state  and  national  law;  Provided,  that  all  contracts  for  the 
erection  or  repairs  of  buildings,  or  for  the  purchase  of  fuel  or 
SL-4 


50  REVISED  SCHOOL  LAWS — 1897. 

other  ordinary  supplies  exceeding  in  value  two  hundred  dollars, 
shall  be  by  means  of  publicly  advertised  competing  bids  and  by 
public  letting;  and  provided  further,  that  no  regent  shall  be 
directly  or  indirectly  pecuniarily  interested  in  any  such  con- 
tract. 

And  said  regents  of  education  as  a  board  may  bring  suit  in 
the  proper  court  having  jurisdiction  in  the  name  of  the  regents  of 
education,  to  enforce  any  contract  made  by  them  as  such  board, 
and  may  also  bring  suit  in  all  matters  relating  to  such  prop- 
erty, or  to  the  care,  custody,  control,  management  or  improve- 
ment thereof.  And  it  is  hereby  made  the  duty  of  the  attorney 
general  to  prosecute  any  such  suit  upon  the  request  of  said 
board.  Any  moneys  collected  upon  any  judgment  obtained  un- 
der the  provisions  of  this  act  shall  be  paid  into  the  state  treas- 
ury for  the  benefit  of  the  educational  institutions  and  credited 
to  the  proper  fund  or  funds. 

Any  regent  is  authorized  to  administer  oaths  and  examine 
witnesses  whenever  necessary  in  the  performance  of  the  duties 
of  the  board. 

This  act  is  intended  to  confer,  and  does  confer,  upon  the 
regents  of  education  all  powers  usually  exercised  by  such- 
boards,  and  which  are  necessary  to  the  proper  legal  manage- 
ment of  the  educational  institutions  placed  under  their  control, 
and  the  property  belonging  to  the  same. 

§10.  EMPLOYMENT  OF  AGENTS.  ]  The  regents  of  educa- 
tion in  their  capacity  as  a  board  and  for  the  purpose  of  exer- 
cising proper  control  over  those  institutions  of  learning  which 
are  placed  in  their  care  shall  have  full  power  to  employ  or  dis- 
miss all  members  of  the  faculties  of  instruction  of  said  institu- 
tions, all  assistants,  foremen,  secretaries,  laborers  or  other 
agents  necessary  to  the  proper  management  of  the  institu- 
tions, to  determine  their  number,  their  qualifications,  define 
their  duties,  fix  the  period  or  term  of  their  employment,  and 
the  rate  and  manner  of  their  compensation;  Provided,  that  no 
person  shall  be  employed  or  dismissed  by  reason  of  any  sec- 
tarian or  political  opinions  held. 

§  11.  DEPARTMENTS,  COURSE  OF  STUDY  AND  RULES  OF 
GOVERNMENT.]  The  regents  of  education  shall  have  full 
power,  to  authorize  for  the  institutions  under  their  control  such 
departments  and  courses  of  study  as  they  may  think  best,  to 
determine  what  text  books  shall  be  used,  what  requirements  for 
the  admission  and  graduation  of  students,  shall  be  maintained, 
what  rules  shall  be  enacted  and  enforced  for  the  government  of 
students,  and  said  regents  shall  have  power  to  make  all 
other  rules  and  regulations  for  the  wise  and  successful  current 
management  of  the  schools  under  their  control.  And,  further, 
they  are  hereby  empowered  to  delegate  provisionally  any  of 
the  authority  given  in  this  section  to  the  presidents,  deans, 


REVISED  SCHOOL  LAWS — 1897.  51 

principals  or  faculties  of  instruction  of  said  schools,  as  in  the 
iudgment  of  said  regents  may  be  proper  or  as  may  be  in  accord- 
ance with  the  usual  custom  in  such  cases. 

§  12.  TUITION  FEES,  ETC.]  The  regents  of  education 
shall  fix  all  rates  of  tuition  and  of  other  fees  to  be  paid  by  stu- 
dents, but  such  rates  must  be  the  same  in  all  the  different  insti- 
tutions. They  may  receive  free  of  tuition  two  students  ap- 
pointed by  each  state  senator,  and  one  by  each  representative 
of  the  state  legislature  in  any  one  of  the  institutions  under  their 
control;  Provided,  that  the  period  for  which  such  appointment 
was  made  shall  expire  with  the  term  of  office  of  the  said  senator 
or  representative,  and.  provided,  that  such  appointees  shall  be 
residents  of  the  district  or  county  whose  senator  or  represent- 
ative makes  the  appointment;  and  provided,  further,  that  such 
appointees  shall  comply  with  all  the  rules  and  requirements  of 
the  institution  which  they  desire  to  enter.  No  student,  how- 
ever, shall  receive  any  other  gratuity  whatever. 

§  13.  NEEDLESS  DUPLICATION  OF  DEPARTMENTS  FORBID- 
DEN. ]  The  regents  of  education  are  hereby  expressly  forbid- 
den to  continue  or  to  create  chairs,  departments,  laboratories, 
libraries,  or  other  equipment  in  multiplication  except  where 
the  obvious  needs  of  ihe  special  work  of  the  schools  make  such 
multiplication  necessary.  In  all  things  the  regents  are  to  ad- 
minister the  schools  in  such  a  manner  as  to  enable  each  one 
of  them  to  do  in  the  best  manner  its  own  specific  work,  but  all 
with  a  view  to  the  strictest  economy,  and  so  as  to  unify  and 
harmonize  the  entire  work  of  all  the  schools  under  their  control. 

§  14.  CONFERRING  DEGREES,  ETC.  ]  The  regents  of  educa- 
tion are  authorized  to  confer  all  scholastic  honors  and  degrees 
usually  granted  by  such  boards;  but  all  degrees,  diplomas  and 
certificates  of  graduation  shall  be  issued  and  conferred  in  their 
name  and  by  their  express  authority.  In  conferring  degrees 
the  regents  shall  conform  as  nearly  as  may  be  to  the  best  and 
most  reputable  current  practice  in  such  matters.  Students  shall 
be  graduated  from  any  one  of  these  institutions  by  the  regents 
of  education  upon  recommendation  of  the  appropriate  faculty 
of  that  institution.  A  certificate  of  graduation  from  a  full 
course  in  any  one  of  the  normal  schools  or  from  the  state  uni- 
versity, provided  the  graduate  of  the  university  has  taken  a 
course  in  pedagogy  as  given  in  that  institution,  shall  be  a  license 
valid  for  five  years  to  teach  in  any  of  the  public  schools  of  this 
state. 

§    15.      THE   AGRICULTURAL   EXPERIMENT   STATION.]      The 

United  States  agricultural  experiment  station  for  South  Dakota 
being  by  national  law  a  department  of,  and  under  the  direction 
of  the  agricultural  college,  shall  be  under  the  exclusive  control 
of  the  regents  of  education,  just  as  other  departments  and  in- 
stitutions are  under  their  control. 


52  REVISED  SCHOOL  LAWS — 1887 

§  16.  FARMERS'  INSTITUTES,  ETC.  ]  The  regents  of  edu- 
cation are  authorized  to  encourage  and  provide  for  farmers'  in- 
stitutes to  be  conducted  by  members  of  the  agricultural  college 
faculty,  or  by  any  one  else  designated  by  said  regents;  and  the 
said  regents  are  likewise  authorized  to  encourage  and  as  far  as 
possible  provide  for  any  other  form  of  university  extension 
work  which  is  feasible  and  of  value  to  the  people. 

§  17.  ELECTION  OF  OFFICERS  AND  THEIR  TERMS.]  All 
officers  of  the  board  shall  be  elected  for  one  year,  and  the  elec- 
tion, except  in  case  of  vacancies,  shall  be  held  at  the  annual 
meeting. 

§  18.  COMPENSATION  OF  REGENTS  AND  THEIR  OFFICERS.  ] 
The  regents  of  education  shall  receive  no  compensation  for 
their  services,  but  each  shall  be  paid  five  dollars  per  day  for 
every  day's  service  to  cover  his  actual  expenses,  and  this  per 
diem  shall  be  paid,  upon  their  itemized  and  properly  certified 
vouchers,  from  the  state  treasury  upon  the  warrant  of  the  audi- 
tor of  state;  Provided,  that  any  regent  serving  from  the  Black 
Hills  region  shall  receive  twenty-five  dollars  extra  for  attendance 
upon  any  meeting  east  of  the  Missouri  river,  but  not  exceeding 
fifty  dollars  for  any  one  fiscal  year,  and  provided  that  the  entire 
sum  paid  for  any  one  year  to  said  regents  of  education  shall  not 
exceed  one  thousand  dollars. 

§  19.  APPROPRIATIONS  PROVIDED  FOR  REGENTS  OF  EDU- 
CATION. ]  In  the  general  appropriation  for  state  purposes  the 
sum  of  twenty-six  hundred  dollars,  or  so  much  thereof  as  may 
be  needed,  shall  be  provided  each  year  for  the  per  diem  of  the 
regents  of  education,  for  the  salary  of  their  secretary  and  stenog- 
rapher, and  for  such  blanks,  books,  stationery  and  postage  as 
may  be  needed. 

§  20.  TREASURER,  CUSTODY  AND  COLLECTION  OF  FUNDS.  ] 
The  state  treasurer  shall  be  the  treasurer  of  the  regents  of  edu- 
cation and  he  shall  perform  all  the  duties  of  such  office,  subject 
to  such  regulations  as  they  may  adopt,  not  inconsistent  with 
his  other  official  duties,  and  he  and  his  sureties  shall  be  liable 
on  his  official  bond  for  the  faithful  discharge  of  such  duties. 
Said  treasurer  shall  have  authority  to  receive  and  receipt  for 
all  moneys  arising  from  any  source  for  the  use  of  any  of  the 
educational  institutions  under  the  control  of  the  said  regents, 
and  he  shall  keep  such  separate  accounts  of  the  several  funds 
as  they  shall  prescribe.  All  moneys  received  from  rents  of 
dormitories,  tuition  or  other  fees  authorized  by  the  regents  of 
education,  or  from  articles,  products  or  materials  sold  by  their 
authority,  shall  be  collected  by  some  person  designated  by  said 
regents  for  each  institution  to  make  such  collections,  under 
proper  bonds,  .and  said  person  shall  transmit  to  the  state  treas- 
urer at  the  close  of  each  calendar  month  all  moneys  thus  re- 
ceived by  him  daring  that  month;  and  no  other  person  shall  be 


REVISED  SCHOOL  LAWS— 1897.  53 

permitted  to  collect  or  hold  any  money  belonging  to  said  insti- 
tutions. Moneys  received  from  the  national  government,  under 
any  of  the  various  grants,  shall  be  payable  to  the  state  treas- 
urer, as  treasurer  of  the  regents  of  education,  and  shall  be  re- 
ceipted for  by  him.  All  moneys  received  as  interest  on  the 
national  land  grant  funds  or  from  leases  of  the  land  granted  to 
these  institutions  under  the  control  of  the  regents  of  education, 
shall  be  paid  to  the  state  treasurer,  and  shall  be  credited  by 
him  to  the  proper  educational  institutions.  At  once  on  receiv- 
ing moneys  from  any  source  the  state  treasurer  shall  notify  the 
secretary  of  the  regents  of  education  of  the  amount,  the  source 
from  which  received,  and  the  fund  to  which  credited. 

§  21.  APPROPRIATION  OF  FUNDS  BELONGING  TO  THE  IN- 
STITUTIONS UNDER  CONTROL  OF  THE  REGENTS  OF  EDUCATION.  ] 
There  is  annually  and  perpetually  appropriated  to  the  regents 
of  education  for  the  exclusive  and  legal  use  of  the  educational 
institutions  under  their  control  all  moneys  received  from  their 
endowment  land  grant  as  interest  or  rent,  all  local  collections 
from  fees  of  any  kind,  or  from  rents  or  sales  authorized,  all 
United  States  money  grants  of  any  kind,  all  moneys  derived 
from  any  source  to  be  used  by  the  regents  of  education  for  the 
proper  and  legal  maintenance  of  the  institutions  under  their 
control. 

§  22.  METHODS  OF  EXPENDITURE.]  No  expenditures 
shall  be  made  except  by  express  authority  of  the  regents  of  ed- 
ucation first  obtained,  and  no  indebtedness  shall  ever  be  per- 
mitted or  incurred  except  against  funds  already  available  for 
such  purpose,  and  no  expenditure  from  any  fund  shall,  under 
any  circumstances,  be  made  except  for  the  legal  purpose  for 
which  said  fund  exists  and  for  the  institution  to  which  it  be- 
longs. The  method  in  detail  of  making  expenditures,  pur- 
chases, etc.,  except  so  far  as  they  are  specified  by  Section  10  of 
this  act,  shall  be  left  to  the  discretion  of  the  regents  of  educa- 
tion. 

§  23.  THE  DUTY  OF  THE  AUDITOR  OF  STATE.  ]  Whenever 
a  properly  audited  and  authenticated  voucher  of  the  regents  of 
education  is  presented  to  the  auditor  of  state,  it  shall  be  his 
duty  to  transmit  promptly  to  the  office  of  secretary  of  the  re- 
gents of  education  his  warrant  for  a  corresponding  sum  on  the 
state  treasurer,  unless  said  voucher  shall  overdraw  the  fund 
from  which  it  is  made  payable. 

§  24.  REPORTS,  ETC.  ]  The  regents  of  education  shall  on 
or  before  the  fifteenth  day  of  December  previous  to  each  bien- 
nial session  of  the  legislature  prepare  and  present  to  the  gov- 
ernor of  the  state  for  his  use  and  for  the  use  of  the  legislature 
a  full  detailed  report  of  all  their  doings  for  the  preceding  two 
years,  with  a  statement  of  the  work  and  the  condition  finan- 
cially and  educationally  of  all  the  institutions  under  their  con- 


54  REVISED  SCHOOL  LAWS — 1897. 

trol,  with  such  recommendations  as  they  may  desire  to  make, 
and  with  detailed  estimates  for  legislative  aid,  if  in  their  judg- 
ment any  is  needed.  They  shall  also  by  themselves  or  their 
authorized  representative,  attend  upon  the  session  of  the  legis- 
lature whenever  required  so  to  do  by  a  committee  of  either 
house.  They  shall  also  prepare,  or  cause  to  be  prepared  and 
transmitted  at  proper  times,  all  reports  required  of  them  by 
the  United  States  laws. 

§  25.  REPEAL  OF  PREVIOUS  ACTS.  ]  Chapter  six  of  the 
session  laws  of  eighteen  hundred  and  ninety,  approved  Febru- 
ary twenty-sixth,  entitled  an  act  for  the  appointment  of  aboard 
of  regents,  being  in  contravention  of  this  act,  is  hereby  re- 
pealed; also  the  act  approved  March  seventh,  eighteen  hun- 
dred and  ninety-one,  relating  to  farmers'  institutions  [insti- 
tutes, ]  is  hereby  repealed;  also  the  act  approved  March  seventh, 
eighteen  hundred  and  ninety  one,  concerning  acceptance  of 
grants  of  money  from  the  United  States,  and  which  makes  the 
treasurer  of  the  board  having  control  of  the  agricultural  college 
the  custodian  of  such  United  States  grants,  is  hereby  repealed. 
All  previous  legislative  acts,  which  are  wholly  or  partially  in 
contravention  to  this  act,  are  hereby  repealed. 

§  26.  EMERGENCY  DECLARED.]  Whereas,  there  is  no 
law  in  force  providing  for  a  board  of  regents,  under  the  consti- 
tution as  amended,  therefore  an  emergency  exists,  and  this  act 
shall  be  in  force  from  and  after  its  passage  and  approval. 

Approved  March  5,  1897. 


CHAPTER  59. 

fS.  B.  209.] 
ESTABLISHING  UNIFORMITY  OF   SCHOOL   TEXT   BOOKS. 

AN  ACT  to  Establish  Uniformity  of  School  Text  Books  and  to  Regulate  the 
Supply  Thereof. 

Be  it  Enacted  ~by  the  Legislature  of  the  State  of  South  Dakota: 

§  1.  WHO  CONSTITUTE  BOARD.]  The  county  superintend- 
ents of  schools,  the  president  of  the  board  of  education  of  all  cities 
or  towns,  the  county  auditor,  the  county  state's  attorney,  the 
board  of  county  commissioners,  their  successors  in  office  and 
one  person  from  each  commissioner's  district  who  shall  be  se- 
lected by  the  members  of  the  school  boards  of  such  commis- 
sioner's district  present  at  a  meeting  to  be  called  by  the  county 
superintendent,  shall  constitute  the  county  board  of  education 
of  each  county  in  this  state  for  the  purpose  of  selecting  and 
adopting  all  the  text  books  needed  for  use  in  the  public  schools 
of  the  county.  The  county  superintendent  of  schools  shall  in 


REVISED  SCHOOL  LAWS— 1897.  55 

all  cases,  be  chairman  of  the  county  board  of  education,  and  the 
county  auditor,  secretary  and  a  majority  of  said  board  shall  con- 
stitute a  quorum  for  the  transaction  of  business. 

§   2.       TlME  OF  MEETING — ADOPTION  AND  PRICE  OF  BOOKS.  ] 

The  county  board  of  education  shall  meet  at  the  office  of  the 
county  superintendent  of  schools  of  each  county  in  the  state 
on  the  second  Tuesday  of  June,  1897,  and  every  five  years  there- 
after and  select  and  adopt  a  complete  series  of  school  textbooks 
to  be  used  in  all  the  schools  of  the  county;  Provided,  that  noth- 
ing in  this  act  shall  be  construed  to  prevent  any  county  board  of 
education  from  selecting  a  series  of  text  books  from  two  or 
more  publishers;  Provided  further,  that  the  boards  of  educa 
tion  in  cities  and  towns  may  adopt  additional  books  by  the  same 
or  other  authors  for  higher  classes  in  their  schools.  The 
county  board  of  education  shall,  immediately  upon  the  taking 
effect  of  this  act,  advertise  for  twenty  days  in  a  newspaper  pub- 
lished in  each  county,  that  at  a  time  and  place  named  in  said 
notice,  said  board  will  receive  sealed  bids  for  furnishing  school 
books  to  the  pupils  of  all  public  schools  in  the  county  as  pro- 
vided in  this  act,  for  a  term  of  five  years,  provided  that  no 
book  shall  be  accepted  on  contract  by  the  board  of  education  in 
excess  of  the  following  prices,  to-wit:  Graded  speller,  15  cents; 
first  reader,  10  cents;  second  reader,  20  cents;  third  reader,  30 
cents;  fourth  reader  40  cents;  highest  reader,  90  cr;nts;  element- 
ary geography,  50  cents;  advanced  geography,  75  cents;  pri- 
mary arithmetic  25  cents;  intermediate  arithmetic,  35  cents;  com- 
plete arithmetic,  50  cents;  physiology  and  hygiene,  50  cents; 
history  of  the  United  States,  80  cents.  Other  necessary  books 
shall  be  purchased  and  contracted  for  at  proportionate  prices 
with  this  list. 

§  3.  DUTY  OF  BOARD  AND  SUPERINTENDENT.  ]  Before  se- 
lecting and  adopting  school  text  books  in  accordance  with  the  pro- 
visions of  this  act,  it  shall  be  the  duty  of  the  said  county  board 
of  education  to  take  into  consideration  the  books  used  in  the 
county,  and  all  books  submitted  by  publishers  and  most  care- 
fully consider  the  price,  the  type,  the  material,  the  binding  and 
other  items  that  go  to  make  up  a  desirable  text  book,  and  no 
text  book  shall  be  adopted  whose  price  is  above  the  contract  or 
wholesale  price  at  which  said  books  were  furnished  to  any  other 
state,  county  or  school  corporation  in  the  United  States  during 
the  year  previous  to  such  adoption.  The  county  superintend- 
ents shall  annually  at  the  close  of  the  year  make  a  report  to  the 
county  board  of  education  as  to  the  operation  of  the  school 
book  contract. 

§  4.  SUPERINTENDENT  TO  NOTIFY  MEMBERS  OF  BOARD.  ] 
The  county  superintendent  shall  notify  each  member  of  the 
county  board  of  education  in  writing  of  the  time  and  place  of 
meeting,  at  least  ten  days  before  the  date  of  said  meeting,  and 


56  REVISED  SCHOOL  LAWS — 1897. 

he  shall  prepare  and  furnish  such  information  as  shall   assist 
the  board  in  acting  for  the  best  interest  of  the  people. 

§  5.  CONTRACT  WITH  PUBLISHERS.  ]  The  board  of  county 
commissioners  shall  contract  with  the  publishers  of  such  books 
as  have  been  adopted  by  the  county  board  of  education,  desig- 
nating the  price  at  which  such  books  shall  be  furnished  to  them 
or  their  authorized  agents,  and  they  shall  designate  a  deposi- 
tary for  each  school  corporation  in  the  county  where  books 
shall  be  sold  to  the  pupils  at  not  more  than  ten  per  cent  above 
cost,  and  they  may  pay  for  the  books  and  transportation  of  the 
same,  so  contracted  for,  out  of  the  general  fund,  on  warrants 
signed  by  the  county  auditor  and  countersigned  by  the  chair- 
man of  the  board  of  county  commissioners;  Provided,  that  the 
same  depositary  may  be  designated  for  one  or  more  school  cor- 
porations. 

§  6.  FORM  OF  CONTRACT.]  The  following  shall  consti- 
tute a  part  of  every  contract  with  publishers  as  provided  in 
this  act,  whether  contained  in  such  contract  or  not:  Whenever 
the  state  of  South  Dakota  shall  have  published  a  sufficient 
number  of  any  text  books  used  in  the  public  schools  of  the  state, 
to  supply,  the  schools  of  any  county  in  the  state,  upon  notice 
being  given  by  the  governor  to  the  county  auditor  of  any 
county  this  contract  shall  be  void  as  far  as  it  relates  to  such 
book  and  the  county  auditor  shall  immediately  notify  the  pub- 
lisher holding  such  contract.  The  county  commissioners  of 
such  county  shall  forthwith  supply  all  the  schools  of  said  coun- 
ty with  the  books  printed  by  the  state.  The  auditor  of  said 
county  shall  on  or  before  the  10th  of  each  calendar  month  send 
moneys  for  all  state's  books  sold,  to  the  state  treasurer,  to 
gether  with  such  report  as  the  governor  of  the  state  may 
direct. 

§  7.  BOND  FROM  DEPOSITARY.]  The  board  of  county 
commissioners  may  require  a  good  and  sufficient  bond  from 
each  depositary  designated  by  them  as  their  agent,  and  such 
agent  shall  be  required  to  file  a  statement  with  the  county  audi- 
tor on  or  before  the  10th  day  of  each  calendar  month  showing 
the  number  and  kinds  of  books  sold  by  him,  and  the  number 
and  kinds  of  books  on  hand  in  such  depository  on  the  last  day 
of  the  preceding  month,  and  all  moneys  due  the  county  by  such 
depositary  shall  be  paid  into  the  county  treasury  at  the  time  of 
filing  such  statement.  The  county  auditor  shall  supply  each 
depositary  with  proper  blanks  for  making  such  report. 

§  8.  PRINTED  LISTS  AND  PRICE  OF  BOOKS.  ]  The  county 
board  of  education  shall  furnish  a  printed  list  of  books  adopted, 
designating  the  retail  price  of  each,  and  supply  one  or  more 
copies  of  each  school  corporation  and  to  each  depositary  desig 
nated.  The  secretary  or  clerk  of  each  school  corporation  shall 
post  said  price  list  in  each  school  room  under  his  supervision. 


REVISED  SCHOOL  LAWS— 1897.  57 

§  9.  PETITION  FOR  FREE  BOOKS.  ]  Upon  a  written  peti- 
tion of  the  majority  of  the  electors  of  any  school  corporation, 
asking  that  the  school  books  be  furnished  free  to  the  pupils, 
it  shall  be  the  duty  of  said  board  to  arrange  and  furnish  the 
free  use  of  books  to  the  pupils  of  such  corporation  under  such 
rules  and  regulations  as  said  school  board  may  determine. 

§  10.  BOOK-CASE,  AND  SECRETARY'S  REPORT.]  Said 
school  board  must  procure  a  safe  book-case  in  which  said  books 
shall  be  kept,  whenever  it  shall  have  been  decided  to  supply 
its  school  books  direct  to  the  pupils  and  a  careful  invoice  must 
be  reported  at  the  close  of  each  term  by  the  secretary.  The 
books  shall  remain  the  property  of  the  school  corporation  and 
can  only  be  used  on  order  of  the  board. 

§  11.  CHANGE  PROVIDED  FOR.]  Books  once  adopted  or 
contracted  for  under  the  provisions  of  this  act  shall  not  be 
changed  for  a  period  of  five  years,  except  as  heretofore  pro- 
vided and  on  request  of  at  least  two-thirds  of  the  school  boards 
of  the  county. 

§  12.  EMOLUMENTS  PROHIBITED.]  No  school  teacher, 
county  or  city  superintendent  or  member  of  any  county  board 
of  education  within  the  state  of  South  Dakota  shall  be  allowed 
to  receive  any  emolument,  cash  or  otherwise  from  any  pub- 
lisher or  publishers  of  school  books  in  payment  for  a  vote  or 
promise  to  vote  or  use  their  influence  for  any  book  or  books  to 
be  used  in  the  schools  under  their  charge.  Neither  shall  any 
agent  or  other  person  be  allowed  to  give  or  offer  any  emolu- 
ments as  heretofore  described  nor  any  promise  of  work  nor 
other  inducement  to  any  teacher,  county  or  city  superintendent 
or  member  of  any  county  board  of  education  or  other  board  of 
education  for  any  vote  or  promise  to  vote  or  to  use  their  influ- 
ence for  any  book  or  books  to  be  used  in  the  schools  under  their 
charge;  Provided,  that  nothing  in  this  section  shall  be  construed 
to  prevent  any  school  official  from  receiving  a  reasonable  num- 
ber of  sample  copies  for  investigation,  with  a  view  to  obtaining 
information  as  to  the  book  or  series  of  books  for  which  such 
official  shall  cast  his  vote;  Provided  further,  that  nothing  in 
this  section  shall  be  construed  to  prevent  any  teacher  from  ob- 
taining employment  from  any  publishing  house,  in  schools  not 
under  their  direct  charge.  Any  person  violating  the  provisions 
of  this  section  shall  be  deemed  guilty  of  a  misdemeanor. 

§  13.     REPEAL.  ]    All  acts  or  parts  of  acts  in  conflict  with 
the  provisions  of  this  act  are  hereby  repealed. 

§  14.  EMERGENCY.]  Whereas,  no  law  is  in  force  enab- 
ling school  boards  to  contract  for  textbooks,  therefore  an  emer- 
gency exists  and  this  act  shall  be  in  force  from  and  after  its 
passage  and  approval. 

.  Approved  March  9,  1897. 

SL— 5 


58  REVISED  SCHOOL  LAWS — 1887 


CONSTITUTIONAL  PROVISIONS. 


SEC.  1.  ART.  VIII.  The  stability  of  a  republican  form  of 
government  depending  on  the  morality  and  intelligence  of  the 
people,  it  shall  be  the  duty  of  the  legislature  to  establish  and 
maintain  a  general  and  uniform  system  of  public  schools,  where- 
in tuition  shall  be  without  charge,  and  equally  open  to  all,  and 
to  adopt  all  suitable  means  to  secure  to  the  people  the  advan- 
tages and  opportunities  of  education. 

SEC.  15.  ART.  VIII.  The  legislature  shall  make  such 
provisions  by  general  taxation,  and  by  authorizing  the  school 
corporation  to  levy  such  additional  taxes,  as  with  the  income 
from  the  permanent  school  fund  shall  secure  a  thorough  and  ef- 
ficient system  of  common  schools  throughout  the  state. 

SEC.  16.  ART.  VIII.  No  appropriation  of  lands,  money 
or  other  property  or  credits  to  aid  any  sectarian  school  shall 
ever  be  made  by  the  state,  or  any  county  or  municipality  with- 
in the  state,  nor  shall  the  state  or  any  county  or  municipality 
within  the  state  accept  any  grant,  conveyance,  gifis  or  be- 
quest of  lands,  money  or  other  property  to  be  used  for  sectarian 
purposes,  and  no  sectarian  instruction  shall  be  allowed  in  any 
school  or  institution  aided  or  supported  by  the  state. 

SEC.  17.  ART.  VIII.  No  teacher,  state,  county,  township 
or  district  school  officer  shall  be  interested  in  the  sale,  proceeds 
or  profit  of  any  book,  apparatus  or  furniture  used  or  to  be  used 
in  any  school  in  this  state,  under  such  penalties  as  shall  be  pro- 
vided by  law. 

SEC.  9.  ART.  VII.  Any  woman  having  the  qualifications 
enumerated  in  Section  1  of  this  article,  as  to  age,  residence  and 
citizenship,  and  including  those  now  qualified  by  the  laws  of 
the  territory,  may  vote  at  any  election  held  solely  for  school 
purposes,  and  may  hold  any  office  in  this  state  except  as  other- 
wise provided  in  this  constitution. 


1899. 


CHAPTER  56. 

[H.  B.  207.] 

RELATING  TO   SCHOOL  BONDS. 

AN  ACT  Requiring  School  District  Officers  to  Make  Returns  of  Bond  Elec- 
tions to  County  Auditors. 

Be  it  Enacted  by  the  Legislature  of  the  State  of  South  Dakota: 

§  1.  DISTRICT  AND  ELECTION  RECORDS  TO  BE  FILED  WITH 
COUNTY  AUDITOR.]  That  when  any  school  district  in  this  State 
shall  have  voted  to  issue  its  negotiable  bonds  for  the  purposes 
now  provided  by  law,  and  before  the  county  auditor  shall  cer- 
tify to  the  bonds  as  required  by  Section  4  of  Sub-Chapter  9, 
Chapter  57,  Laws  of  1897,  the  said  district  shall  file  with  said 
auditor  certified  copies  of  the  records  of  said  school  district 
ordering  said  election  and  the  record  and  poll  book  of  said 
election,  and  unless  said  records  show  a  strict  compliance  with 
law,  the  said  certificate  shall  not  be  executed. 

§  2.  EMERGENCY.]  Whereas,  there  is  now  no  law  requir- 
ing returns  as  aforesaid,  an  emergency  exists  and  this  Act 
shall  take  effect  and  be  in  force  from  and  after  its  passage  and 
approval. 

Approved  March  6,  1899. 


CHAPTER  57. 

[S.  B.  204.] 

PROVIDING  FOR  THE  SIGNING  OP    CERTAIN  BONDS   AND  FIXING 
THE  AMOUNT  OF  SAME. 

AN  ACT  to  Amend  Section  21,  of  Chapter  10,  of  Chapter  57,  of  the  Session 
Laws  of  1897,  Entitled  An.  Act  to  Establish  a  Uniform  System  of  Edu- 
cation for  the  State  of  South  Dakota,  and  to  Repeal  Certain  Legislation 
Relating  thereto. 


EDUCATION. 


Be  it  Enacted  by  the  Legislature  of  the  State  of  South  Dakota: 

§  1.  AMENDMENT.]  That  Section  21,  of  Chapter  10,  of 
Chapter  57,  of  the  Session  Laws  of  1897,  be  and  the  same  is 
hereby  amended  so  as  to  read  as  follows: 

§  21.  SIGNATURES  NECESSARY — LIMITATIONS.]  The 
bonds,  the  issuing  of  which  is  provided  for  in  the  foregoing 
Section,  shall  be  signed  by  the  President,  attested  by  the 
Clerk  and  countersigned  by  the  Treasurer  of  the  Board  of 
Education,  and  said  bonds  shall  specify  the  rate  of  interest, 
and  the  time  when  the  principal  and  interest  shall  be  paid, 
and  each  bond  so  issued  shall  be  for  a  sum  not  less  than  fifty 
(50)  dollars,  but  no  corporation  shall  issue  bonds  in  pursu- 
ance of  this  Act  in  any  sum  greater  than  four  per  cent  of  its 
assessed  valuation. 

Approved  March  4,  1899. 


CHAPTER  76. 

[S.  B.  263.] 
ESTABLISHING  SCHOOL  AT  ABERDEEN. 

AN  ACT  to  Establish,  Locate  and  Endow  an  Industrial  School  and  Insti- 
tute of  Technology,  at  Aberdeen,  South  Dakota,  and  to  Donate  Certain 
Lands  for  the  Same. 

Be  it  Enacted  ~by  the  Legislature  of  the  State  of  South  Dakota: 

§  1.  ESTABLISHMENT  AND  LOCATION — PROVISO.  ]  There 
shall  be  and  hereby  is  established  and  located  at  Aberdeen,  in 
the  County  of  Brown,  and  State  of  South  Dakota,  an  Industrial 
School  and  Institute  of  Technology  of  and  for  the  State  of 
South  Dakota,  the  purpose  of  which  shall  be  the  instruction 
and  education  of  persons  of  both  sexes  in  the  industrial  and 
mechanical  trades,  arts  and  sciences  and  in  Technology  and  all 
kindred  branches  of  learning, 

Provided,  That  a  tract  of  land  of  not  less  than  twenty 
acres  in  area,  within  or  adjacent  to  the  city  limits  of  the  City  of 
Aberdeen,  in  the  County  of  Brown  and  State  of  South  Dakota, 
be  donated  and  secured  to  the  State  of  South  Dakota,  in  fee 
simple,  as  a  site  for  said  school,  within  six  months  from  and 
after  the  taking  effect  of  this  Act;  and  the  Governor  of  this 
State  is  hereby  empowered,  and  it  is  hereby  made  his  duty, 
to  see  that  a  good  and  sufficient  deed  be  made  to  this  State  for 
the  same. 

§  2.  SUPERVISION.  ]  The  said  school  shall  be  under  the 
exclusive  supervision  and  control  of  the  State  Board  of  Re- 
gents of  Education. 


EDUCATION. 


§  3.  APPORTIONMENT  OF  LANDS.  ]  There  is  hereby  ap- 
portioned and  set  apart  for  the  establishment,  maintenance, 
support,  use  and  benefit  of  said  school,  forty  thousand  acres  of 
land,  granted  to  the  State  of  South  Dakota  by  the  United 
States  of  America,  by  Act  of  Congress  of  the  United  States  of 
America,  approved  February  twenty-second,  A.  D.  1889,  enti- 
tled "An  Act  to  provide  for  the  division  of  Dakota  into  two 
States,  and  to  enable  the  people  of  North  Dakota,  South 
Dakota,  Montana  and  Washington  to  form  constitutions  and 
state  governments,  and  to  be  admitted  into  the  Union  on  an 
equal  footing  with  the  original  states,  and  to  make  donations 
of  public  lands  to  such  states,"  for  such  other  educational  and 
charitable  purposes  as  the  legislature  of  said  state  (being  the 
State  of  South  Dakota)  may  determine;  and  it  is  hereby  deter- 
mined and  enacted  that  said  school  be  so  located  and  estab- 
lished at  said  City  of  Aberdeen  and  that  out  of  said  lands  there 
be  donated,  apportioned  and  set  apart  for  the  exclusive  estab- 
lishment, support,  use  and  benefit  of  said  school,  forty  thous- 
and acres  of  said  lands,  or  out  of  any  lands  granted  and  donated 
to  the  State  of  [South]  Dakota  by  the  United  States  of  America, 
and  not  otherwise  appropriated. 

§  4.  SELECTION  OF  LANDS.]  It  is  hereby  made  the  duty 
of  the  Governor,  the  State  Auditor  and  the  Commissioner  of 
School  and  Public  Lands  to  make  selection  of  the  forty  thous- 
and acres  of  land  so  donated  and  set  apart  in  Section  three  of 
this  Act,  within  one  year  from  and  after  the  passage  and  ap- 
proval of  this  Act;  which  lands  when  so  selected  shall  be  set 
apart  for  the  establishment,  maintenance,  support,  use  and 
benefit  of  said  school. 

§  5.  RENTALS  AND  PROCEEDS  OF  SALE  OF  LANDS.  ]  The 
proceeds  of  all  rentals  derived  from  the  lands  so  donated  and 
set  apart  under  this  Act,  and  the  proceeds  of  all  sales  of  the 
same  shall  be  held  for  the  use  and  benefit  of  said  school  as 
hereinbefore  provided. 

§  6.  REPEAL.  ]  All  Acts  and  parts  of  Acts  in  conflict 
with  the  provisions  of  this  Act  are  hereby  repealed. 

NOTE — By  the  Secretary  of  State. 

The  foregoing  Act  having  been  presented  to  the  Governor  of  this  State 
for  his  approval  and  not  having  been  returned  by  him  to  the  house  of  the 
Legislature  in  which  it  originated,  or  to  the  Secretary  of  State  with  his  ob- 
jection within  the  time  prescribed  by  the  Constitution,  has  become  a  law 
without  his  approval. 

WILLIAM  H.  RODDLE, 

Secretary  of  State. 


EDUCATION. 


CHAPTER  77. 

[H.  B.  169.] 
RELATING   TO   READING   CIRCLES. 

AN  ACT  to  Amend  Section  Sixteen  (16),  Chapter  Eight   (8),    of  Chapter 
Fifty-Seven  (57).  of  the  Session  Laws  of  1897,  Relating  to  reading  Circles. 

Be  it  Enacted  by  the  Legislature  of  the  State  of  South  Dakota: 

§  1.  AMENDMENT.]  That  Section  sixteen  (16)  of  Chapter 
eight  (8)  of  Chapter  fifty-seven  (57)  of  the  Session  Laws  of  1897, 
be  amended  to  read  as  follows: 

DUTY  OF  COUNTY  SUPERINTENDENT.]  It  shall  be  the  duty 
of  the  county  superintendent  to  encourage  the  formation  of 
teacher's  reading  circles  in  his  county.  He  shall  report  on  or 
before  December  fifteenth  of  each  year  to  the  secretary  of  the 
State  teachers'  reading  circle  the  enrollment  of  all  persons  in 
his  county  known  to  him  to  be  pursuing  the  work  of  said  circle; 
plans  by  which  the  work  thereof  is  being  carried  on  and  all 
matters  of  general  interest  thereto.  He  shall,  under  the 
direction  of  the  superintendent  of  public  instruction,  arrange 
for  an  annual  examination  in  the  State  teachers'  reading 
circle  course  in  his  county,  and  it  shall  be  his  duty  to  preside 
at  the  same  or  to  appoint  some  competent  person  to  do  so;  to 
collect  all  papers  submitted  and  to  forward  the  same  promptly 
to  the  secretary  of  the  board  of  managers.  He  shall  co-operate 
as  fully  as  possible  with  the  managers  of  the  State  teachers' 
reading  circle  in  advancing  the  work  of  that  organization. 

Approved  February  25,  1899. 


CHAPTER  78. 

[S.  B.  174.] 
RELATING  TO  INDEPENDENT  SCHOOL  DISTRICTS. 

An  Act  to  Amend  Section  4  of  Chapter  X  of  Chapter  57  of  the  Session  Laws 
of  1897  Relating  to  Attaching  of  Adjacent  Territory  to  Independent 
School  Districts. 

Be  it  Enacted  by  the  Legislature  of  the  State  of  South  Dakota. 

§  1.  AMENDMENT.]  That  Section  4  of  Chapter  X  of 
Chapter  57  of  the  Session  Laws  of  1897,  be  and  the  same  is 
hereby  amended  to  read  as  follows:  Section  4.  Territory  out- 
side of  the  limits  of  any  organized  city,  town  or  village  but  ad- 
jacent thereto,  may  be  attached  thereto,  and  territory  within 
the  limits  of  any  city,  town,  village  or  independent  district  or- 
ganized for  school  purposes,  and  adjacent  to  any  school  district 
may  be  attached  to  said  school  district  whether  said  indepen- 


' 


EDUCATION.  5 


dent  district  has  been  organized  by  special  Act  or  otherwise, 
under  the  following  conditions: 

APPLICATION  BY  PETITION.]  First.  Application  for  such 
change  must  be  made  by  a  majority  of  the  electors  of  such  ad- 
jacent territory  by  written  petition. 

DUTY  OF  COUNTY  SUPERINTENDENT.]  Second.  Upon  re- 
ceipt of  such  petition,  the  county  superintendent  shall  call  a 
committee  to  decide  upon  granting  or  refusing  the  petition, 
said  committee  consisting  of  himself,  the  president  of  the 
board  of  education  of  said  organized  city,  town,  village  or 
independent  district  and  the  chairman  of  the  district  board. 

COMMITTEE  TO  DECIDE  ]  Third.  The  committee  shall  con- 
sider the  interests  of  the  two  corporations  concerned,  the  con- 
venience of  the  petitioners  and  the  p'ermanent  school  interest, 
and  if  they  deem  it  proper  shall  grant  the  petition  and  issue 
an  order  authorizing  the  attaching  of  said  territory  to  the  city, 
town,  village,  independent  district  or  school  district  to  which 
it  is  adjacent,  and  if  to  a  city,  town  or  village  such  order  shall 
specify  to  what  ward  or  wards  such  territory  shall  belong  for 
all  school  purposes. 

Provided,  That  when  territory  has  been  attached  prior 
hereto  the  board  of  education  shall  at  any  regular  meeting  de- 
termine to  what  ward  or  wards  such  territory  shall  belong  for 
all  school  purposes. 

FURTHER  POWER  OF  COMMITTEE.]  Fourth.  The  commit- 
tee shall  also  have  power  to  adjust  all  property  interests  in- 
volved in  the  change  which  concern  the  two  corporations  inter- 
ested. Before  the  issuance  of  an  order  authorizing  the  change 
they  shall  make  an  equitable  adjustment  of  any  question  of 
indebtedness  involved. 

DECISIONS  TO  BE  RATIFIED.  ]  Fifth.  A  record  of  the  de- 
cisions of  the  committee  shall  be  transmitted  to  the  clerks  of 
the  school  board  and  board  of  education  interested  and  a  copy 
forwarded  to  the  county  auditor  by  the  superintendent  upon  rati- 
fication of  the  action  of  the  committee  by  the  district  school 
board  and  the  board  of  education. 

DATE  OF  ORDER  TO  GOVERN.]  Sixth.  Such  territory 
shall  from  the  date  of  the  order  authorizing  such  change  be 
considered  a  part  of  the  corporation  of  said  city,  town,  vil- 
lage, independent  district,  or  of  the  said  school  district. 

ORDER  TO  ISSUE — WHEN.]  Provided,  That  such  order 
shall  not  be  issued  until  after  the  actions  and  decisions  of  the 
committee  are  ratified  by  the  board  of  education  and  the  dis- 
trict school  board. 

The  taxable  property  of  such  adjacent  territory  shall  be 
subject  to  taxation  and  bear  its  proportion  of  all  expenses  in- 
curred in  the  erection  of  school  buildings  and  maintaining  the 
schools  of  such  corporation,  and  for  the  purpose  of  such  taxa- 


6  EDUCATION, 


tion  the  property  so  attached  shall  be  assessed  by  the  assessor 
of  the  city,  town,  village  or  independent  district  or  school  dis- 
trict to  which  such  territory  is  attached. 

ADJACENT  TERRITORY  DEFINED.]  Provided,  That  terri- 
tory more  than  two  miles  from  the  limits  of  such  city,  town 
or  village,  shall  not  be  considered  adjacent  territory  to  which 
the  provisions  of  this  section  may  apply,  unless  the  electors  of 
such  territory  shall  unanimously  petition  to  be  thus  attached 
and  considered  as  adjacent  territory. 

How  ATTACHED  IN  CERTAIN  CASES.]  Provided  further, 
that  when  an  independent  school  district  of  any  incor- 
porated city  or  town  is  situated  so  near  the  centre  of 
a  civil  or  congressional  township  as  to  leave  a  fraction  of 
said  civil  or  congressional  township  impracticable  or  in- 
convenient for  school  purposes  after  attaching  adjacent  terri 
tory  to  said  independent  school  district  to  the  two  mile  limit  as 
provided  by  law,  then  in  that  case  the  committee  provided  for 
in  this  Act  may  upon  a  petition  of  a  majority  of  the  electors  of 
such  civil  or  congressional  township  attach  the  surrounding 
territory  and  make  the  independent  district  to  conform  to  the 
civil  or  congressional  township  line  for  school  purposes  only, 
and  in  such  case  such  committee  may  by  a  majority  vote  there- 
of, upon  the  petition  of  two-thirds  of  the  electors  of  such  sur- 
rounding territory  and  of  two- thirds  of  the  electors  of  such 
city,  or  town,  issue  its  order  attaching  such  surrounding  terri- 
tory to  such  city  or  town  as  aforesaid,  and  all  the  foregoing 
provisions  shall  apply  to  such  actions  of  said  committee  except 
that  such  order  shall  go  into  effect  at  the  expiration  of  thirty 
days  from  the  date  thereof,  and  it  shall  not  be  necessary  that 
the  actions  and  decisions  of  such  committee  be  ratified  by  the 
district  school  board  or  board  of  education  before  the  issuance 
or  going  into  effect  of  such  order. 

§  2.  REPEAL.]  All  Acts  and  parts  of  Acts  in  conflict 
with  the  provisions  of  this  Act  are  hereby  repealed. 

Approved  March  6,  1899. 


CHAPTER  79. 

[H.  B.  2.1 
PROVIDING   FOR  FREE   EDUCATION   IN   CERTAIN   CASES. 

AN  ACT  Providing  that  Honorably  Discharged  Soldiers  and  Sailors  and 
Their  Orphan  Children  may  Attend  State  Educational  Institutions  Free. 

Be  it  Enacted  by  the  Legislature  of  the  State  of  South  Dakota: 

§  1.     FREE  EDUCATION  FOR  WHOM.]    That  all  persons  and 
the  orphans  of  such  persons  residing  in  chis  state,  who  served 


EDUCATION. 


sixty  days  or  more,  in  the  army  or  navy  of  the  United  States 
during  our  late  war  against  Spain,  and  who  have  been  honor- 
ably discharged  from  such  service,  shall  be  admitted  to  attend 
any  State  educational  institutions  of  this  State  during  good  be- 
havior, and  shall  be  required  to  pay  no  tuition  for  such  priv- 
ilege; Provided,  they  shall  be  subject  to  the  rules  and  require- 
ments governing  such  schools  as  they  may  desire  to  attend. 

S  2.  EMERGENCY.]  Whereas,  many  such  persons  have 
already  been  honorably  discharged  and  are  now  attending  such 
institutions,  an  emergency  is  declared  to  exist,  wherefore  this 
Act  shall  be  in  full  force  and  effect  from  and  after  its  passage 
and  approval. 

Approved  February  21,  1899. 


CHAPTER  54. 

[H.  B.  100.1 

EMPOWERING     SCHOOL     DISTRICTS     TO      ISSUE      COUPONS      ON 
BONDS   COMING   DUE. 

AN  ACT  to  Empower  School  Districts  Having-  Outstanding-  Indebtedness  in 
Excess  of  Constitutional  Limit  to  Issue  Coupons  on  Bonds  Coming-  Due. 

Be  it  Enacted  by  the  Legislature  of  the  State  of  South  Dakota: 

§  1.  EXTENSION  COUPONS — HOW  ISSUED.]  When  any 
school  district  in  this  state,  which  shall  have  heretofore  legally 
issued,  executed  and  delivered  its  negotiable  bonds  for  the  pur- 
poses then  provided  by  law,  and  which  at  the  time  of  issue 
thereof  was  not  in  excess  of  the  debt  limit  allowed  said  district 
or  township  by  law,  but  which  said  district  for  aay  reason  has 
outstanding  in  said  bonds  and  other  indebtedness  an  amount  in 
excess  of  the  present  constitutional  and  statutory  limit,  so  as 
to  preclude  a  valid  issue  of  bonds  funding  all  outstanding 
indebtedness,  then,  and  in  that  event,  the  school  board  of  said 
district,  upon  being  authorized  so  to  do  by  a  majority  vote  of  all 
electors  at  any  regular  election  or  special  election  called  for 
that  purpose,  is  hereby  empowered  to  make  a  contract  for  the 
issue  of  extension  coupons  with  the  holder  or  holders  of  said 
outstanding  bonds,  at  or  prior  to  the  time  of  the  same  becoming 
due,  which  said  contract  shall  be  entered  upon  the  clerk's  rec- 
ord of  said  district,  and  in  pursuance  of  said  contract  the  said 
school  board  shall  execute  and  deliver  the  extension  coupons  of 
said  district  extending  the  time  of  payment  of  said  school 
bonds  heretofore  issued  for  a  period  not  less  than  three  nor 
more  than  ten  years,  at  a  rate  of  interest  to  be  agreed  upon  be- 
tween said  school  district  board  and  the  holder  or  holders 
of  said  bonds,  not  to  exceed  the  rate  in  the  original  bonds, 
payable  semi-annually  at  such  date  and  place  as  may  be  stated 
in  said  coupons. 

§  2.  EMERGENCY.]  An  emergency  is  hereby  declared 
to  exist  and  this  Act  shall  be  in  force  from  and  after  its  passage 
and  approval. 

Approved  February  24,  1899. 


INDRX. 


BOARD  OF  REGENTS— See  Regents— Powers  of  Board. 

BONDS— 

Vote  for  issue  of  bonds 36 

Bond  election 36 

Denomination  of  bonds 37 

Requirements  as  to  form 37 

Sinking-  fund 38 

Sale  of  bonds 38 

Bonds  a  lien 38 

Cancellation  of  bonds 38 

Contracts  for  building  school  house 38 

Application  of  this  act ,  39 

COMPULSORY  EDUCATION— 

Attendance,  period  of — penalty 31 

A-rrest  of  truant  children 32 

f]mployment  of  children 32 

False  statement 33 

Prosecutions — how  and  by  whom  made 33 

Courts  having  jurisdiction.  v 33 

CONSTITUTIONAL  PROVISIONS,  58. 

COUNTY  SUPERINTENDENT  AND  SUPERVISION— 

Supervision — duties  of 7 

Shall  encourage  institute 8 

County  certificates , 8 

Grades  of  same 8 

Age  of  applicant 9 

Revocation  of  certificate 9 

County  normal 10 

Medium  of  communication 10 

Salaries  of  superintendents . .  10 

•      May  close  school 11 

Visiting  schools 11 

Certificate  not  required 11 

To  examine  accounts 12 

Vacancy — how  filled 12 

Treasurer's  bond 12 

Oaths  of  office 12 

Qualifications 12 

May  provide  office 13 

Shall  report  enumeration 13 

Shall  make  annual  report 13 

Appeals  from  district  board 13 

Appeal  from  county  superintendent 15 

Tax  levy 15 

Apportionment  of  money 15 


li  INDEX. 


District  institutes 15 

Not  hold  other  office 16 

Clerk's  report 16 

Treasurer's  report 16 

Failure  of  officer  to  report 17 

Mileage  of  county  superintendent 17 

CITY,  VILLAGE  AND  INDEPENDENT  DISTRICTS— See  Independ- 
ent Districts. 
DISTRICT  SCHOOL  BOARD— Powers  and  Duties. 

School  district  officers 20 

Annual  election  of  officers 21 

School  board — meetings  of 21 

Chairman — duties  of 22 

Clerk— duties  of 22 

Clerk  and  treasurer — bonds  of 22 

Treasurer — duties  of 23 

Warrants — payments  of 23 

Warrants — how  drawn 23 

Official  oath  and  bonds — where  filed  24 

Salary — clerk  and  treasurer 24 

INDEPENDENT  DISTRICTS— 

Law — where  in  force 39 

Committee  of  arbitration 39 

A  free  system  of  schools 40 

Adjacent  territory — how  attached 40 

Shall  be  a  corporation 41 

Conveyances  of  property 42 

Board  of  education 42 

Power  to  fill  vacancy 42 

Shall  maintain  and  control  schools 42 

Organization — how  made 42 

Duties  of  the  president  and  clerk 43 

Tax  levy 43 

Treasurer — how  chosen — bond  of — duties  43 

Taxable  property 44 

Regular  meetings 44 

Clerk's  annual  report 44 

Contracts 44 

May  read  bible 44 

Bonds — how  issued 44 

Bond  election 44 

Shall  sign  bonds 45 

Bond  interest 45 

Sinking  fund — how  invested. 45 

Payment  of  interest 45 

Payment  pledged 45 

Bond  and  warrant  register  45 

Official  oath  and  bond 46 

Examination  of  teachers  in  independent  districts 46 

Ballot  boxes  to  be  provided 47 

Error  on  tax  list 47 

Repeal 47 

MISCELLANEOUS— 

Definition  of  school  days 33 

Illegal  contracts 33 

Penalty  for  false  report 33 

Must  qualify 34 

Vacancy— how  filled 34 

Records  open  to  inspection 34 


INDEX.  iii 


Tax  levy  to  satisfy  judgment 34 

Jurisdiction  in  school  suits 35 

Fines  and  penalties 35 

Assessor — -duty  of 35 

Majority  rule 35 

Annual  school  election 35 

Branches  to  be  taught 35 

Form  of  oath 35 

Penalty  for  defacing  school  property 36 

Reading  circles 36 

REGENTS— Powers  of  Board. 

Appointment  by  governor 7 

Terms  of  office 8 

Vacancies — how  filled 8 

Qualification  and  organization 8 

Appointment  of  committees 9 

Meetings — quorums 9 

Absences 9 

General  powers  and  duties 9 

Authority  to  make  contracts  and  expend  moneys 9 

Employment  of  agents 50 

Tuition  fees 51 

Conferring  degrees , 51 

Compensation 52 

SCHOOL  CORPORATIONS— 

School  corporations  defined 17 

New  counties — districts  of 17 

Township  district— how  subdivided 18 

Officers  reports — subdivision 19 

Name  of  school  district 19 

Boundaries — how  changed 19 

School  district  corporation 20 

Superintendent  shall  make  plat  of  county 20 

STATE  SUPERINTENDENT  AND  DUTIES— 

Superintendent — duties  of 3 

Office  of 3 

Shall  print  laws 3 

Shall  make  report 4 

To  prepare  examination  questions 4 

May  appoint  deputy 4 

Institute  conductor 4 

Meeting  of  institute  conductors 4 

Blanks  and  blank  forms 4 

Compensation  of 5 

State  certificate  and  diplomas 5 

Examination  for  same 5 

State  certificate — how  secured 5 

Renewal  of  same 6 

State  diploma — how  secured 6 

Certificate  free 7 

May  be  revoked 7 

TEACHERS— Duties  of. 

Teachers — how  employed , 29 

Teacher's  register 30 

Teacher  shall  make  report 30 

Shall  give  notice 31 

Penalty  for  disturbing  a  school 31 

Reading  of  moral  instruction 31 


INDEX. 


TEXT  BOOKS— Uniform  System. 

Who  constitute  board. .  .* 54 

Time  of  meeting- 55 

Adoption  and  price  of  books 55 

Duty  of  board  and  superintendent 55 

Superintendent  to  notify  members  of  board , 55 

Contract  with  publishers 56 

Form  of  contract 56 

Bond  from  depositary 56 

Printed  lists  and  price  of  books 56 

Petition  for  free  books 57 

Book-case,  and  secretary's  report 57 

Change  provided  for 57 

Emoluments  prohibited 57 


5,1; 


